Article 15-2(Directing and Supervision of Investigation) #
(1) The head of the investigation department shall direct and supervise public officials belonging to the Korea Coast Guard, as prescribed by Presidential Decree, with respect to investigations by the Coast Guard under the Criminal Procedure Act.
(2) Notwithstanding Article 10 (3) of the Police Officials Act, the head of the investigation department may recruit and appoint outside the Korea Coast Guard. In such cases, the employment shall be made among those who meet the following qualifications:
1. A person who has served as a public official belonging to the high-ranking public service group under Article 2-2 of the National Public Officials Act, a public official of Grade III or higher, or a police officer with a Superintendent or higher, among those who have been engaged in maritime affairs for at least 10 years;
2. A person who has served as a judge, prosecutor, or attorney-at-law for at least 10 years;
3. A person who is qualified as a lawyer and has been engaged in legal affairs for at least 10 years at a national institution, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “national institution, etc.”);
4. A person who has held a position of assistant professor or higher in the field of law, police science, or coast guard at a university or an authorized research institute, or a position equivalent thereto for at least 10 years;
5. A person who has 15 years or more in the total of his or her career period under subparagraphs 1 through 4.
(3) Where the head of an investigation department is recruited and appointed outside the Korea Coast Guard, a person who falls under any of the following cannot become the head of the investigation department:
1. A person who falls under any of the grounds for disqualification under each subparagraph of Article 8 (2) of the Police Officials Act;
2. A person who is a member of a political party or for whom three years have not passed since the date of leaving the party register;
3. A person for whom three years have not elapsed since he or she was in a public office to be inaugurated by election or retired from such public office;
4. A public official falling under paragraph (2) 1 or a person for whom one year has not passed since the date of retirement from the office of a judge or public prosecutor under paragraph (2) 2;
5. A person falling under paragraph (2) 3 for whom one year has not elapsed since the date of retirement from a state institution, etc.
(4) Where the head of the investigation department is recruited from outside the Korea Coast Guard and appointed, the term of office of the head of the investigation department shall be two years and cannot be reappointed, notwithstanding Article 30 of the Police Officials Act.
(5) Where the head of the investigation department is appointed within the Korea Coast Guard, the term of office of the head of the investigation department shall be two years.
[This Article Newly Inserted on Jan. 13, 2021]