Article 1(Purpose) #
The purpose of this Act is to regulate matters necessary for performing duties to respond to crimes and activities that undermine national security and for inter-agency cooperation therefor, among duties of the National Intelligence Service under Article 4 (1) of the National Intelligence Service Act.
Article 2(Definitions) #
The terms used in this Decree are defined as follows:
1. The term "response duty" means duties performed by the National Intelligence Service in relation to the following information pursuant to the provisions, with the exception of the items, of Article 4 (1) 1 of the National Intelligence Service Korea Act (hereinafter referred to as the "Act") and subparagraph 3 of that paragraph:
a. Information on all activities that may affect national security, national interests, or public safety, among the information referred to in Article 4 (1) 1 a of the Act;
b. Information on all activities conducted by or in connection with North Korea, among information under Article 4 (1) 1 b of the Act;
c. Information under Article 4 (1) 1 c and d of the Act;
2. The term "relevant agency" means any of the following agencies with which the National Intelligence Service cooperates in the course of conducting response duties:
a. Prosecutors' Offices;
b. The Korean National Police Agency;
c. The Korea Coast Guard;
d. The Defense Counterintelligence Command;
e. Other agencies designated by the Director of the National Intelligence Service as deemed necessary for the efficient performance of response duties.
Article 3(Principles of performing response duties) #
The National Intelligence Service shall comprehensively distribute and utilize available human resources, physical means, and scientific and technical information, etc. within the scope of statutes and regulations to perform response duties for national security and public safety.
Article 4(Detailed scope of duties) #
The detailed scope of duties performed by the National Intelligence Service pursuant to Article 4 (1) 3 of the Act shall be as follows:
1. Activities to detect and track North Korea, foreign countries, foreign nationals, foreign organizations, supra-state actors, or Korean nationals connected thereto who engage in activities contrary to national security and national interests (hereinafter referred to as "threat actor");
2. Activities of analyzing and verifying information about threat actors, or of distributing and sharing the results of such analysis and verification to relevant agencies, domestic and foreign agencies, etc.;
3. Activities to deter threat actors, such as adverse exploitation, destruction, or deportation;
4. Activities related to supporting administrative procedures and judicial procedures, etc. against threat actors;
5. Activities to prevent terrorism, abductions, incidents, etc. that infringe on the lives, body, or property of citizens, or to prevent the spread of damage;
6. Activities for cooperation with overseas intelligence agencies or relevant international organizations in human resources, information, and other areas related to the performance of duties under subparagraphs 1 through 5;
7. Other duties deemed necessary by the Director of the National Intelligence Service as countermeasures to verify, control, or block threat actors and to protect public safety.
Article 5(Lost or abandoned articles and voluntarily submitted articles) #
(1) The Director of the National Intelligence Service may collect and store a lost or abandoned article (hereinafter referred to as “lost or abandoned article”) acquired in the course of performing response duties, as well as an article voluntarily submitted by its owner, possessor, or custodian (hereinafter referred to as “owner, etc.”) (hereinafter referred to as “voluntarily submitted article”). In such cases, the Director of the National Intelligence Service shall acquire or collect such article to the minimum extent necessary to perform response duties.
(2) If the Director of the National Intelligence Service stores a left or abandoned article or voluntarily submitted article pursuant to paragraph (1), he or she shall prepare a record on the acquisition of the left or abandoned article in Form 1 or a record on the collection of the voluntarily submitted article in Form 2, respectively. In such cases, the Director of the National Intelligence Service shall prepare 2 copies of a list of voluntarily submitted articles in Form 3, deliver a copy to the owner, etc., and retain the remaining 1 copy separately.
(3) The Director of the National Intelligence Service may conduct analysis and verification of a left or abandoned article or voluntarily submitted article, if necessary for response duties.
(4) If the Director of the National Intelligence Service deems it necessary for the efficient performance of response duties, he or she may provide the results of analysis and verification under paragraph (3) to a relevant agency or transfer the lost or abandoned article or voluntarily submitted article to such agency.
(5) If the Director of the National Intelligence Service deems it no longer necessary to store a lost or abandoned article or voluntarily submitted article in connection with the performance of response duties, he or she shall return it to the owner, etc.; provided, in any of the following cases, the Director of the National Intelligence Service may separately determine the methods of handling such article:
1. Where the owner is uncertain in the case of a lost or abandoned article;
2. Where the owner, etc. refuses to accept the article in the case of a voluntarily submitted article;
3. Where a lost or abandoned article or voluntarily submitted article is related to intelligence activities of North Korea.
Article 6(Prohibition of departure and suspension of departure) #
(1) If the Director General of the National Intelligence Service deems it necessary in the course of performing response duties, he or she may request the Minister of Justice to prohibit a Korean national (including North Korean defectors under the North Korean Defector Protection and Settlement Support Act) from departing the Republic of Korea under Article 4 of the Immigration Act or to suspend a foreigner from departing the country under Article 29 of that Act.
(2) If the Director of the National Intelligence Service requests the prohibition or suspension of departure from the Republic of Korea under paragraph (1), he or she shall do so within the minimum extent necessary for response duties, and as soon as the grounds for such prohibition or suspension cease to exist, he or she shall request the Minister of Justice to revoke the prohibition or suspension of departure from the country without delay.
Article 7(Cooperation with relevant agencies) #
(1) If the Director of the National Intelligence Service deems it necessary for the establishment of a cooperation system under Article 5 (3) of the Act, he or she may have staff members of the National Intelligence Service participate in a relevant agency (including an organization established by an investigative agency to jointly investigate crimes related to Article 4 (1) 1 b through d of the Act). In such cases, the staff members of the National Intelligence Service shall perform such activities within the scope of duties prescribed by statutes or regulations.
(2) The Director of the National Intelligence Service may, upon receipt of a request from a relevant agency for the analysis and evaluation of information under the items of subparagraph 1 of Article 2, process and reply to such request, unless there is a compelling reason not to do so.
(3) The Director of the National Intelligence Service and the head of a relevant agency may, if deemed necessary for the efficient performance of response duties, provide information under the items of subparagraph 1 of Article 2 to each other and share such information.
Article 8(Standards for processing shared information) #
(1) If the Director of the National Intelligence Service or the head of a relevant agency intends to provide information shared in the course of establishing a cooperative system and in the process of cooperation, he or she shall consult with the agency that originally provided the relevant information.
(2) If the Director of the National Intelligence Service or the head of the relevant agency takes necessary measures (including measures related to investigations or trials) by using information shared in the course of establishing a cooperation system and in the process of cooperation, he or she shall notify the agency that has provided the relevant information of the results thereof.
(3) If the Director of the National Intelligence Service deems it necessary for the efficient performance of response duties, he or she may obtain information regarding the provision of information under paragraph (1) and measures under paragraph (2) from the heads of relevant agencies.
(4) The Director of the National Intelligence Service or the head of a relevant agency shall prepare and implement security measures necessary to prevent leakage of information mutually provided and shared in the course of establishing a cooperation system and in the process of cooperation.
Article 9(Organization and operation of central consultative council of relevant agencies) #
(1) The Director of the National Intelligence Service may organize and operate a central consultative council of relevant agencies, if necessary for the efficient performance of response duties and the establishment of a cooperation system among relevant agencies.
(2) The chairperson of the central consultative council of relevant agencies under paragraph (1) shall be appointed by the Director of the National Intelligence Service from among the heads of departments in charge of response duties within the National Intelligence Service, and the members shall be appointed by the heads of the relevant agencies from among public officials of those agencies who are at the deputy-minister or director-general level in central administrative agencies or hold equivalent positions.
(3) If the Director of the National Intelligence Service deems it necessary for the efficient performance of response duties, he or she may organize and operate a regional consultative council of relevant agencies in each Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province after consultation with relevant agencies.
(4) The Director of the National Intelligence Service shall determine detailed matters necessary for the organization, operation, etc. of the central consultative council of relevant agencies under paragraph (1) and a regional consultative council of relevant agencies under paragraph (3) after hearing the opinions of the relevant agencies.
Article 10(Enhancing capabilities) #
(1) The Director of the National Intelligence Service may, if necessary for the systematic and specialized performance of response duties, conduct on-the-job education and on-the-job training to strengthen the capabilities of the employees under his or her jurisdiction.
(2) The head of a relevant agency may request the Director of the National Intelligence Service to conduct relevant on-the-job education and on-the-job training, if deemed necessary for the efficient performance of response duties by employees under his or her jurisdiction.
Article 11(Public relations) #
The Director of the National Intelligence Service may conduct public relations activities for reporting, counseling, etc. on matters related to national security and public safety if deemed necessary to efficiently perform response affairs.
Article 12(Reporting and awarding) #
The Director of the National Intelligence Service may pay a monetary award (including goods) or award an official commendation to a person who gives information or files a report, etc. helpful in performing response duties.
Article 13(Processing of personal information) #
(1) The Director of the National Intelligence Service may process sensitive information under Article 23 of the Personal Information Protection Act, personally identifiable information under Article 24 of that Act, personal information taken by a fixed image information processing device under Article 25, personal information taken by a mobile image information processing device under Article 25-2, and other personal information, pursuant to Article 58 (1) 2 of that Act, if it is unavoidable for the performance of response duties.
(2) When the Director of the National Intelligence Service processes personal information pursuant to paragraph (1), he or she shall process the minimum amount of personal information for the minimum period of time within the scope necessary for the purpose thereof, and shall take measures for technical, managerial, and physical protection measures necessary for the safe management of personal information, grievance processing regarding the processing of personal information, and other measures necessary for the appropriate processing of personal information.
(3) The Director of the National Intelligence Service may request a State agency, local government, public institution, corporation, organization, or individual who processes personal information pursuant to Article 58 (1) 2 of the Personal Information Protection Act to provide sensitive information under Article 23 of that Act, personally identifiable information under Article 24, personal information taken by a fixed-type visual data processing device under Article 25, personal information taken by a mobile visual data processing device under Article 25-2, and other personal information, if it is unavoidable for the performance of response duties.
Article 14(Detailed operating rules) #
Except as provided in this Decree, detailed matters necessary for performing response duties shall be determined by the Director of the National Intelligence Service.