Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by Articles 4, 18, 20, 21, and 26 through 28 of the Act on the Organization and Operation of National Police and Autonomous Police and matters necessary for the enforcement thereof. <Amended on Jun. 8, 2021>
Article 2(Scope of autonomous police affairs related to public safety, traffic, and security) #
If specific matters, scope, etc. relating to autonomous police affairs prescribed in Article 4 (1) 2 a through c of the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as the "Act") are prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") under paragraph (2) of that Article, the following standards shall be observed:
1. The scope of police affairs prescribed in Article 3 of the Act and the scope of autonomous police affairs related to public safety, traffic, and security specified in the Appendix shall be observed;
2. The scope of autonomous police affairs shall be appropriately determined, taking into consideration the population, frequency of crimes, and other public safety conditions within the jurisdiction, as well as available personnel, equipment, etc.;
3. Matters to ensure that autonomous police affairs are organically coordinated with and balanced against national police affairs, such as the establishment of a consultative body between agencies, mutual cooperation and support, and the prevention of overlapping audits, shall be included;
4. The scope of autonomous police affairs shall be defined in a manner that ensures efficiency in protecting the lives, physical safety, and property of the people and in maintaining public peace and order.
Article 3(Scope of autonomous police affairs related to investigation) #
The specific matters and scope of autonomous police affairs under Article 4 (1) 2 d of the Act shall be as follows:
1. Juvenile crimes, such as school violence: Crimes falling under any of the following items committed by juveniles (referring to persons under the age of 19; hereafter in this Article the same shall apply); provided, this shall not apply where the juvenile is an accomplice, under Articles 30 through 32 of the Criminal Act, with a person 19 years of age or older in the relevant case;
a. Crimes under Article 225, 229 (limited to the crime of uttering documents or drawings forged or altered by the crimes under Article 225), 230, or 235 (limited to attempts to commit the crimes under Article 225, 229, or 230) of the Criminal Act;
b. Crimes under Article 257, 258, or 258-2, or Articles 260 through 264 (in the case of Article 262, limited to where a person commits a crime under that Article, resulting in an injury to another person) of the Criminal Act;
c. Crimes under Article 266 of the Criminal Act;
d. Crimes under Articles 276 through 281 (in the case of Article 281, limited to where a person commits a crime under that Article, resulting in an injury to another person) of the Criminal Act;
e. Crimes under Articles 283 through 286 of the Criminal Act;
f. Crimes under Article 287, 294 (limited to attempts to commit the crimes under Article 287), or 296 (limited to preparations or conspiracies related to the crimes under Article 287) of the Criminal Act;
g. Crimes under Articles 307 through 309 or Article 311 of the Criminal Act;
h. Crimes falling under Article 319, 320, or 322 (limited to attempts to commit the crimes under Article 319 or 320) of the Criminal Act;
i. Crimes under Article 324 or 324-5 (limited to attempts to commit the crimes under Article 324) of the Criminal Act;
j. Crimes under Articles 329 through 331, Article 331-2 or 342 (limited to attempts to commit the crimes under Articles 329 through 331 or Article 331-2) of the Criminal Act; provided, this shall not apply to any case where the same juvenile has committed the crimes specified in the main clause at least 3 times;
k. Crimes under Article 347, 350, 350-2, 351 (limited to habitual offenders under Article 347, 350, or 350-2), or 352 (limited to attempts to commit the crimes under Article 347, 350, 350-2, or 351) of the Criminal Act;
Article 4(Establishment of multiple City/Do autonomous police commissions) #
A Southern Gyeonggi-do Autonomous Police Commission and a Northern Gyeonggi-do Autonomous Police Commission shall be established under the jurisdiction of the Gyeonggi-do Governor under the proviso of Article 18 (1) of the Act, and the jurisdiction of each Commission shall be as follows:
1. Southern Gyeonggi-do Autonomous Police Commission: The jurisdiction of the Gyeonggi Nambu Provincial Police under Article 38 of the Decree on the Organization of the Korean National Police Agency and Institutions under Its Jurisdiction;
2. Northern Gyeonggi-do Autonomous Police Commission: The jurisdiction of the Gyeonggi Bukbu Provincial Police under Article 38 of the Decree on the Organization of the Korean National Police Agency and Institutions under Its Jurisdiction.
[This Article Added on Jun. 8, 2021]
[Previous Article 4 moved to Article 4-2 <Jun. 8, 2021>]
Article 4-2(Methods and procedures for appointment of members of City/Do Autonomous Police Commissions) #
(1) In order to appoint members of a City/Do Autonomous Police Commission under Article 18 (1) of the Act (hereinafter referred to as "City/Do Autonomous Police Commission"), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall request the persons authorized to recommend members under Article 20 (1) 1 through 4 of the Act (hereafter in this Article referred to as "recommending authorities") to recommend candidates for appointment.
(2) If the term of office of a member of the City/Do Autonomous Police Commission expires, the Mayor/Do Governor shall request the recommending authorities to recommend candidates for appointment no later than 30 days before the expiration of such term.
(3) If a vacancy occurs among the members of a City/Do Autonomous Police Commission, the Mayor/Do Governor shall, without delay, request the recommending authorities who recommended the vacating member to recommend a candidate for appointment.
(4) The status and positions of the chairperson and standing members of a City/Do Autonomous Police Commission shall be governed by the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel, and details relating to the procedures, etc. for appointing members shall be prescribed by ordinance of the competent City/Do.
[Moved from Article 4 <Jun. 8, 2021>]
Article 4-3(Consultative body of members of City/Do Autonomous Police Commission) #
(1) A consultative body of members of a City/Do Autonomous Police Commission may be established in each City/Do to hold prior consultations on matters relating to the composition of members of the City/Do Autonomous Police Commission, including matters specified in Article 19 (2) and (3) of the Act.
(2) Matters relating to the composition and operation of a consultative body of members of a City/Do Autonomous Police Commission under paragraph (1) shall be prescribed by ordinance of the City/Do.
[This Article Added on Jan. 18, 2022]
Article 5(Composition of recommendation committee for members of City/Do Autonomous Police Commission) #
(1) The Recommendation Committee for members of a City/Do Autonomous Police Commission established under Article 21 (1) of the Act (hereinafter referred to as the "Recommendation Committee") shall consist of 5 members, including 1 chairperson, whenever it recommends a member to the City/Do Autonomous Police Commission.
(2) The Mayor/Do Governor shall appoint or commission members of the Recommendation Committee (hereinafter referred to as "Recommendation Committee Members") from among the following persons, and the chairperson of the Recommendation Committee shall be elected by and from among the Recommendation Committee Members: <Amended on Jun. 8, 2021; Dec. 16, 2021>
1. One person recommended by a local consultative body in which all chairpersons of the Si/Gun/autonomous Gu councils in each City/Do participate under Article 103 (1) of the Enforcement Decree of the Local Autonomy Act;
2. One person recommended by a local consultative body, in which all heads of Sis/Guns/autonomous Gus in each City/Do participate under Article 103 (1) of the Enforcement Decree of the Local Autonomy Act;
3. One person recommended by the Commissioner General of the Korean National Police Agency from among persons who are not incumbent police officials;
4. One person recommended by the chief justice of a district court having jurisdiction over the location of a City/Do police agency;
5. The deputy minister in charge of planning at the main office of the City/Do [In the case of the Northern Gyeonggi-do Autonomous Police Commission, referring to the deputy minister in charge of planning under the Second Vice Governor for administrative Affairs].
(3) Notwithstanding paragraph (2) 1 and 2, 1 Recommendation Committee Member each for Sejong Special Self-Governing City and Jeju Special Self-Governing Province shall be recommended by the council and the superintendent of education of the relevant City/Do, respectively.
Article 6(Exclusion and recusal of Recommendation Committee Members) #
(1) A Recommendation Committee member shall not participate in the review or resolution of a relevant agenda item if the member herself or his or her relative becomes subject to review, or if there is any other significant cause to believe that he or she cannot maintain impartiality in the review or resolution.
(2) If the Recommendation Committee deems that a Recommendation Committee Member falls under any of the grounds referred to in paragraph (1), it shall decide to exclude the member by resolution.
(3) If a Recommendation Committee Member falls under any of the grounds referred to in paragraph (1), he or she may recuse himself or herself from participating in the review by the Recommendation Committee with the permission of the chairperson thereof.
Article 7(Chairperson of the Recommendation Committee) #
(1) The chairperson of the Recommendation Committee shall represent the Recommendation Committee and exercise general supervision over its affairs.
(2) If the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on behalf of the chairperson.
Article 8(Meetings of the Recommendation Committee) #
(1) The chairperson of the Recommendation Committee shall convene and preside over meetings of the Recommendation Committee, if requested by the Mayor/Do Governor or at least 1/3 of the Recommendation Committee Members, or if deemed necessary by the chairperson.
(2) Any resolution of the Recommendation Committee shall require the concurring vote of a majority of those present.
(3) If the chairperson of the Recommendation Committee intends to convene a meeting, he or she shall notify each Recommendation Committee Member of the date, time, venue, agenda, etc. of the meeting no later than 3 days before the meeting; provided, this shall not apply where urgent circumstances or other unavoidable reasons exist.
(4) Meetings of the Recommendation Committee shall not be open to the public.
Article 9(Recommendation by Recommendation Committee) #
(1) The Recommendation Committee shall conduct a review for the recommendation of members of a City/Do Autonomous Police Commission under Article 20 (1) 4 of the Act.
(2) A Recommendation Committee Member shall present to the Recommendation Committee a person deemed suitable for appointment as a member of the City/Do Autonomous Police Commission as a candidate for review.
(3) The number of candidates for review presented by each Recommendation Committee Member under paragraph (2) shall be determined by resolution of the Recommendation Committee.
(4) The Recommendation Committee may request a candidate for review to submit materials necessary for the review, including whether the candidate meets the qualification requirements, or falls under any grounds for disqualification.
(5) After conducting a review, the Recommendation Committee shall recommend, in writing, to the Mayor/Do Governor the person deemed most suitable, from among candidates for review who meet the qualification requirements under Article 20 (2) of the Act and do not fall under any grounds for disqualification under the subparagraphs of Article 20 (7).
(6) When recommending members under paragraph (5), the Recommendation Committee shall endeavor to ensure that the recommendation is not biased toward a particular gender. <Added on Jan. 18, 2022>
(7) Upon recommending a member under paragraph (5), the Recommendation Committee shall immediately notify the City/Do Autonomous Police Commission of the result. <Amended on Jan. 18, 2022>
(8) The Recommendation Committee shall be deemed dissolved upon completion of the recommendation under paragraph (5) and the notification under paragraph (7). <Amended on Jan. 18, 2022>
Article 10(Duty of confidentiality) #
(1) No person who is or was a Recommendation Committee Member shall divulge any confidential information obtained in the course of performing his or her duties or publicly disclose any personal opinion related to the review to any outside party.
(2) If the Recommendation Committee is dissolved under Article 9 (8), it shall, without delay, destroy any personal information and other personal data of the candidates for review. <Amended on Jan. 18, 2022>
Article 11(Allowances for Recommendation Committee Members) #
The Mayor/Do Governor may pay allowances and travel expenses, within the budget, to members who attend meetings of the Recommendation Committee.
Article 12(Detailed operating rules of Recommendation Committee) #
Except as provided in this Decree, matters necessary for the operation, etc. of the Recommendation Committee shall be determined by resolution of the Recommendation Committee.
Article 13(Meetings of City/Do Autonomous Police Commission) #
(1) The chairperson of the City/Do Autonomous Police Commission shall convene and hold regular and extraordinary meetings under Article 26 (1) of the Act. In such cases, regular meetings shall be convened and held at least once a month, unless there is a compelling reason not to do so.
(2) If the chairperson of a City/Do Autonomous Police Commission intends to convene a meeting, he or she shall notify each Recommendation Committee Member of the date, time, venue, agenda, etc. of the meeting no later than 3 days before the meeting; provided, this shall not apply where urgent circumstances or other unavoidable reasons exist.
(3) The City/Do Autonomous Police Commission shall prepare minutes of its meetings, specifying the details and results of the meetings and the names of the members present.
(4) The minutes referred to in paragraph (3) shall be signed and sealed by the chairperson and the members present.
(5) The City/Do Autonomous Police Commission may deliberate and resolve in writing or through remote video conferencing, if necessary for the efficient operation of its meetings. In such cases, matters relating to the subject matters eligible for written deliberation and resolution, and the operation, etc. of remote video conferencing, shall be prescribed by ordinance of the relevant City/Do. <Added on May 9, 2023>
(6) If a meeting of the City/Do Autonomous Police Commission is held by means of remote video conferencing under paragraph (5), the members who attend the relevant meeting shall be deemed to have attended the meeting in person at the same venue. <Added on May 9, 2023>
Article 14(Hearing opinions) #
(1) If necessary for deliberation by the City/Do Autonomous Police Commission, the chairperson of the City/Do Autonomous Police Commission may request relevant public officials or experts to attend or speak at meetings of the Commission or to submit materials.
(2) Relevant public officials or experts who attend a meeting of the City/Do Autonomous Police Commission may be paid allowances and reimbursed for travel expenses, within the budget; provided, this shall not apply if a public official attends a meeting directly related to his or her duties.
Article 15(Working council) #
(1) The City/Do Autonomous Police Commission may organize and operate a working council with relevant agencies, including the Korean National Police Agency, to facilitate the performance of autonomous police affairs, to cooperate in and coordinate national and autonomous police affairs, and to discuss other necessary matters.
(2) Except as provided in paragraph (1), matters necessary for the operation, etc. of the working council shall be prescribed by ordinance of the relevant City/Do.
Article 16(Allowances for members) #
(1) Allowances, travel expenses, and other necessary expenses equivalent to those of standing members may be paid, within the budget, to members who are not public officials and who attend meetings of the City/Do Autonomous Police Commission under Article 26 (3) of the Act.
(2) Standards for the payment of allowances, etc. under paragraph (1) shall be prescribed by ordinance of a City/Do.
Article 17(Operating rules) #
Except as provided in this Decree, matters necessary for the operation, etc. of a City/Do Autonomous Police Commission shall be prescribed by ordinance of the relevant City/Do.
Article 18(Secretariat) #
(1) Matters relating to the organization of the secretariat of a City/Do Autonomous Police Commission under Article 27 (1) of the Act shall be governed by the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel.
(2) The head of a secretariat shall handle administrative affairs under his or her jurisdiction under orders of the chairperson of the City/Do Autonomous Police Commission, and direct and supervise staff members under his or her jurisdiction.
(3) The quota of police officials in each City/Do and by rank, assigned to the secretariat under Article 27 (2) of the Act, shall be governed by the Regulations on the Prescribed Number of Police Officials Assigned to City/Do Autonomous Police Commissions, and positions of police officials assigned to the secretariat shall be filled by public officials affiliated with the Korean National Police Agency.
Article 19(Delegation of authority to direct and supervise autonomous police affairs) #
A City/Do Autonomous Police Commission shall determine the scope of authority to direct and supervise the autonomous police affairs delegated to the commissioner of the City/Do police agency, procedures for delegation, etc. following a resolution by the City/Do Autonomous Police Commission in consultation with the Commissioner General of the Korean National Police Agency in advance so that the direction and supervision of autonomous police affairs can be conducted in real time under the proviso of Article 28 (4) of the Act.
Article 20(City/Do Autonomous Police Commission Chairpersons Council) #
(1) A City/Do Autonomous Police Commission Chairpersons Council (hereinafter referred to as the "Chairpersons Council") shall be established with the chairpersons of each City/Do Autonomous Police Commission as its members to promote mutual exchange and cooperation among City/Do Autonomous Police Commissions and to discuss common issues. <Amended on Dec. 31, 2024>
(2) The organization and operation of the Chairpersons Council and other necessary matters shall be determined by the Chairpersons Council.
[This Article Added on May 9, 2023]
Article 21(Consultative body on autonomous police policies) #
(1) A consultative body on autonomous police policy (hereinafter referred to as the "Policy Consultative Body") shall be established to facilitate efficient policy consultation between the Korean National Police Agency and the City/Do Autonomous Police Commissions with regard to cooperation and coordination in national and autonomous police affairs.
(2) The Policy Consultative Body shall be composed of the Commissioner General of the Korean National Police Agency and the chairperson of each City/Do Autonomous Police Commission, and the following persons shall be co-chairpersons:
1. The Commissioner General of the Korean National Police Agency;
2. The chairpersons of City/Do Autonomous Police Commissions determined by the Chairpersons Council.
(3) Meetings of the Policy Consultative Body shall be classified into regular and ad hoc meetings, and regular meetings shall be held semi-annually in principle, and ad hoc meetings may be held if deemed necessary by the chairperson.
(4) Except as provided in paragraphs (1) through (3), the organization and operation of the Policy Consultative Body and other necessary matters shall be determined by the Policy Consultative Body.
[This Article Added on Dec. 31, 2024]