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법령, 판례 등 모든 법령정보를 한 번에 검색 OK !
CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT
[Enforcement Date 01. Jan, 2011.] [Act No.10219, 31. Mar, 2010.,Amendment by Other Act]
경찰청 (생활질서과)02-3150-1361
법제처 국가법령정보센터www.law.go.kr
2017.02.20
법제처 1 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT
[Enforcement Date 01. Jan, 2011.] [Act No.10219, 31. Mar, 2010., Amendment by Other Act]
경찰청 (생활질서과) 02-3150-1361
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the maintenance of the public safety by
preventing in advance any danger and accident likely to be caused by guns, swords,
powders, gas sprayers, electronic shock machines and crossbows by regulating the
matters concerning the making, trade, possession, use and other dealings of guns,
swords, powders, gas sprayers, electronic shock machines and crossbows.<Amended
by Act No. 4154, Dec 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 2 (Definitions) (1) For the purpose of this Act, the term "guns" means those of
pistols, rifles, machine guns, artillery, hunting guns, powder-charged arms which fire
metal bullets or gas, and air guns (including those using compressed gas; hereinafter
the same shall apply) and parts such as barrels and machines, etc. (hereinafter
referred to as "parts") prescribed by the Presidential Decree. <Amended by Act No.
4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
(2) For the purpose of this Act, the term "swords" means those as determined by the
Presidential Decree, of knives, swords, spears, stilettos, daggers, and so on, whose
blade is not less than fifteen centimeters long and which can be used by nature as
lethal weapons, and which might be used obviously as such weapons even though the
blade is less than fifteen centimeters long.
(3) For the purpose of this Act, the term "powders" means the following powders,
explosives and fire-processed articles (referred to works made using powders and
explosives; hereinafter the same shall apply):<Amended by Act No. 4145, Dec. 30, 1989;
Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
1. Powders:
(a) Black powder, or the powder whose principal ingredient is the acetate;
(b) Lead-free powder, or the powder whose principal ingredient is the ester acetate;
and
법제처 2 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
(c) Those as determined by the Presidential Decree among powders to be used for a
propulsive explosion similar to those as referred to in items (a) and (b);
2. Explosives:
(a) Initial explosives, such as mercury fulminate, azide lead, rhodan salts, tetrasen,
and so on;
(b) Ammonium nitrate explosive, potassium chlorate explosive, carlit and other
explosives whose principal ingredient is acetate, chlorate or perchlorate;
(c) Nitroglycerine, nitroglycol and other ester acetate used as explosives;
(d) Dynamite and other explosive whose principal ingredient is ester acetate;
(e) Other nitro compound containing not less than three of trinitrobenzene,
trinotrotoluene, picric acid, trinitrochlorobenzen, tetryl, trinitroanisole,
hexanitrodiphenylamine, trimethylenetrintramine, pentrit, and nitrobase, and
explosives whose principal ingredients are therefrom;
(f) Liquid oxygen explosives and other liquid explosives; and
(g) Other explosive compounds to be used for any destructive explosive similar to
those as referred to in items (a) through (f), which are determined by the
Presidential Decree; and
3. Fire-processed articles:
(a) Industrial detonating caps, electric detonating caps, detonating caps for guns and
signal detonating caps;
(b) Ball cartridges (including shots; hereinafter the same shall apply), and blank
cartridges;
(c) Fuses and spark plugs;
(d) Power train micorvibration crushers, detonating fuses, and electric blasting
fuses;
(e) Signal rockets, signal torpedos and signal fire-processed articles;
(f) Starting powders;
(g) Fireworks and other fire-processed articles using powders or explosives;
(h) Toy fireworks as determined by the Ordinance of the Ministry of Government
Administration and Home Affairs;
(i) Motor emergency fireworks signals; and
(j) Gas generator for motor air bags.
법제처 3 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
(4) For the purpose of this Act, the term "gas sprayer" means any machine or tool to
spray the tear or asphyxiating agents which make temporarily human activities
difficult, and which are determined by the Presidential Decree.<Newly Inserted by Act
No. 4154, Dec. 30, 1989>
(5) For the purpose of this Act, the term "electronic shock machine" means any
machine or tool to discharge electricity which makes temporarily human activities
difficult, or cause danger and injury to human life, and which is determined by the
Presidential Decree.<Newly Inserted by Act No. 4154, Dec. 30, 1989>
(6) For the purpose of this Act, the term "crossbow" means one which launches
arrows and so on applied by the principle of bow and gun devices and can cause
danger and injury to human life, and which is determined by the Presidential Decree.
<Newly Inserted by Act No. 4989, Dec. 6, 1995>
Article 3 (Exclusion of Application) (1) With respect to the toy fireworks as prescribed
in Article 2 (3) 3 (h), the provisions of Articles 6 through 8, 10, 12, 13, 18 through
21, 23, 32 and 35 shall not apply: Provided, That in case of the persons who obtained
the permission under Article 4, 9 or 25 with respect to the toy fireworks, only the
provisions of Articles 6 through 8, 10, 12, 18, 21 and 23 shall not apply. <Amended by
Act No. 6386, Jan. 26, 2001>
(2) With respect to gas generators for motor airbags as prescribed in Article 2 (3) 3
(j), except as provided in Articles 4 and 5, the provisions of this Act shall not apply.
(3) With respect to guns, swords, powders, gas sprayers, electronic shock machines
and crossbows which are made, sold, exported, imported or managed for military
purposes, this Act shall not apply.
(4) With respect to guns, swords, powders, gas sprayers, electronic shock machines
and crossbows made for the purpose of export, structure and performance standards
concerning the permission of manufacturing for relevant respective class under
Article 4 (1) and (2) shall not be applicable.<Newly Inserted by Act No. 5938, Mar. 31,
1999>
[This Article Wholly Amended by Act No. 4989, Dec. 6, 1995]
법제처 4 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
CHAPTER II MANUFACTURE, SALE ETC. OF GUNS, SWORDS, POWDERS,
GASSPRAYERS, ELECTRIC SHOCKMACHINES AND CROSSBOWS
Article 4 (Permission for Manufacturing Industry) (1) Any person who desires to carry
on manufacturing industry of the guns and powders (including the guns remodeling
and repair business and the powder transformation and processing business;
hereinafter the same shall apply) shall obtain by factory permission of the
commissioner general of the National Police Agency, as determined by Ordinance of
the Ministry of Public Administration and Security. This shall also apply in cases
where the person desires to change the location, structure, facilities or equipment of
the factory, or the kind or manufacturing methods for the guns and powders to be
made. <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4169, May 31, 1991; Act No. 4989, Dec.
6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) Any person who desires to carry on manufacturing industry of swords, gas
sprayers, electric shock machines and crossbows shall obtain by factory permission
of the commissioner of the local police agency which has jurisdiction over the seat of
the factory, as determined by Ordinance of the Ministry of Public Administration and
Security. This shall also apply in cases where he/she desires to change the location,
structure, facilities or equipment of the factory, or the kind or manufacturing
methods for swords, gas sprayers, electric shock machines and crossbows made.
<Newly Inserted by Act No. 4189, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29,
2008>
(3) No person, other than those who have obtained permission for manufacturing
industry of guns, swords, powders, gas sprayers, electric shock machines and
crossbows under paragraphs (1) and (2) (hereinafter referred to as "maker") shall
manufacture guns, swords, powders, gas sprayers, electric shock machines and
crossbows: Provided, That where the powders are made for the kind prescribed by
Presidential Decree with less than the quantity prescribed by Presidential Decree,
for the purpose of physical and chemical experiments or medical treatment, the same
shall not apply.<Amended by Act No. 4989, Dec. 6, 1995>
(4) In cases where six months have yet to elapse from the date on which the
relevant permission is revoked under Article 45 (1) and it is in tended to run the
same type of business at the place of business, permission provided for in paragraph
법제처 5 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
(1) or (2) shall not be granted.<Newly Inserted by Act No. 6948, Jul. 29, 2003>
(5) The criteria for the facilities and techniques concerning the manufacture of guns,
swords, gas sprayers, electric shock machines and crossbows shall be determined by
Presidential Decree.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 4-2 (Succession of Status of Maker) (1) When a maker dies or transfers his/her
making industry, his/her successor or any person who takes over the making
industry shall succeed the maker's status.
(2) Any person who takes over business facilities of any maker in whole through the
auction provided for in the Civil Execution Act, the conversion provided for in the
Debtor Rehabilitation and Bankruptcy Act, the sale of seized property provided for in
the National Tax Collection Act, the Customs Act and the Framework Act on Local
Taxes, and other procedures corresponding thereto shall succeed to the status of
such maker.<Amended by Act No. 7428, Mar. 31, 2005; Act No. 10219, Mar. 31, 2010>
(3) Any person who succeeds the status of any maker in accordance with paragraph
(1) or (2) shall make a report to the Commissioner General of the National Police
Agency or the commissioner of the relevant local police agency on his/her
succession of the status of such maker within one month, as prescribed by Ordinance
of the Ministry of Public Administration and Security.<Amended by Act No. 8852, Feb. 29,
2008>
(4) Article 5 shall apply mutatis mutandis to the succession of the status of a maker
referred to in paragraph (1) or (2) : Provided, That where the successor falls under
each subparagraph of Article 5, the same shall not apply for three months from the
date on which the status of the relevant maker is succeeded.
[This Article Newly Inserted by Act No. 6948, Jul. 29, 2003]
Article 5 (Disqualification for Makers)
Any person who falls under any of the following subparagraphs, may not obtain the
permission on the making industry of guns, swords, powders, gas sprayers, or
electronic shock machines and crossbows:<Amended by Act No. 4154, Dec. 30, 1989; Act
No. 4989, Dec. 6, 1995; Act No. 6386, Jan. 26, 2001; Act No. 7428, Mar. 31, 2005>
1. A person who has been sentenced to the penalty heavier than the imprisonment
without prison labor, and for whom three years have not elapsed after the
execution of sentence is terminated, or nonexecution becomes definite;
법제처 6 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
2. A person who has been sentenced to a stay of execution of the penalty heavier
than the imprisonment without prison labor, and for whom one year has not elapsed
after the period of stay of execution is terminated;
3. An insane person, narcotic, hemp, psychotropic or alcohol addict or other mentally
defective person equivalent to this;
4. A person who is minor, incompetent or quasi-incompetent;
5. A person who is declared bankrupt, but not reinstated;
6. A person who is subject to a disposition of the revocation of per mission under
Article 45 (1), and for whom three years have not elapsed thereafter; and
7. A juristic person or organization which has one of officers, who falls under any of
subparagraphs 1 through 6.
Article 6 (Permission for Sales Business) (1) Any person who desires to carry on the
sales business of the guns, swords, powders, gas sprayers, electric shock machines
and crossbows shall obtain by sales agency permission of the commissioner of the
local police agency concerned which has jurisdiction over the seat of the agency, as
determined by Ordinance of the Ministry of Public administration and Security. This
shall also apply in cases where a person desires to change the location, structure,
facilities or equipment of the sales agency, or change the kind of guns, swords,
powders, gas sprayers, electric shock machines and crossbows which he/she sells.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6,
1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) No person, other than a person who has obtained permission for the sales
business of guns, swords, powders, gas sprayers, electronic shock machines and
crossbows under paragraph (1) (hereinafter referred to as "sales agent") shall sell
the guns, swords, powders, gas sprayers, electric shock machines and crossbows (in
cases of a sale of the gas sprayer, including to charge the tear or asphyxiating
agents into the gas sprayer; hereinafter the same shall apply): Provided, That the
foregoing shall not apply to cases where the maker sells guns, swords, powders, gas
sprayers, electric shock machines and crossbows made directly at the factory, or a
guns sales agent sells the ball or blank cartridges for guns with permission for sales
within the scope prescribed by Presidential Decree.<Amended by Act No. 4154, Dec. 30,
1989; Act No. 4989, Dec. 6, 1995>
법제처 7 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
(3) In cases where six months have yet to elapse from the date on which permission
is revoked under Article 45 (1) and it is intended to run the same type of business at
the same place of business, permission provided for in paragraph (1) shall not be
granted.<Newly Inserted by Act No. 6948, Jul. 29, 2003>
(4) The criteria for permission for the sales business of the guns, swords, powders,
gas sprayers, electric shock machines and crossbows as referred to in paragraph (1)
shall be determined by Presidential Decree.<Amended by Act No. 4154, Dec. 30, 1989; Act
No. 4989, Dec. 6, 1995>
Article 6-2 (Succession of Status of Sales Agent)
The provisions of Article 4-2 shall apply mutatis mutandis to the case where any
sales agent dies or transfers his sales business. In this case, the "Commissioner
General of the National Police Agency or the commissioner of the local police
agency" shall be deemed the "commissioner of the local policy agency".
[This Article Newly Inserted by Act No. 6948, Jul. 29, 2003]
Article 7 (Disqualification for Sales Agents)
The provisions of Article 5 shall be applicable to the permission on the sales
business on the guns, swords, powders, gas sprayers, electronic shock machines and
crossbows.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 8 (Prohibition of Peddling and Outdoor Sale)
The guns, swords, powders, gas sprayers, electronic shock machines and crossbows
shall not be sold by a peddling, at a street stall, or in the open air.<Amended by Act No.
4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 9 (Permission, etc., for Export and Import) (1) Any person who desires to
export or import guns and powders shall obtain permission each time from the
Commissioner General of the National Police Agency, as determined by Ordinance of
the Ministry of Public Administration and Security. <Amended by Act No. 4154, Dec. 30,
1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act
No. 8852, Feb. 29, 2008>
(2) Any person who desires to export or import swords, gas sprayers, electric shock
machines or crossbows shall obtain permission each time from the commissioner of
the local police agency which has jurisdiction over the seat of the principal office, as
법제처 8 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
determined by Ordinance of the Ministry of Public Administration and Security.
<Newly Inserted by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29,
2008>
(3) Any person who can obtain permission for export or import as referred to in
paragraphs (1) and (2) shall be limited to makers or sales agents: Provided, That
this shall not apply in cases where a state agency or local government desires to use
them, approved by the Commissioner General of the National Police Agency.<Newly
Inserted by Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996>
(4) Where deemed necessary for the maintenance of the public security, the
Commissioner General of the National Police Agency may restrict or prohibit the
export or import of the guns, swords, powders, gas sprayers, electric shock
machines and crossbows.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31,
1991; Act No. 4989, Dec. 6, 1995>
(5) Any person who has imported powders shall promptly report it to the
superintendent of the police station having jurisdiction over the place of import, as
determined by Ordinance of the Ministry of Public Administration and Security:
<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
CHAPTER III POSSESSION AND USE OF GUNS, SWORDS, POWDERS,
GASSPRAYERS, ELECTRIC SHOCKMACHINES AND CROSSBOWS
Article 10 (Prohibition of Possession)
No person shall possess guns, swords, powders, gas sprayers, electronic shock
machines or crossbows without permission, except in the following cases:<Amended
by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
1. Where it is permitted to possess the guns, swords, powders, gas sprayers,
electronic shock machines and crossbows for performing duties under Acts and
subordinate statutes;
2. Where the maker as prescribed in Article 4 (1) or (2) possesses guns, swords,
powders, gas sprayers, electronic shock machines and crossbows made by himself;
3. Where a person who has made the powders under the proviso of Article 4 (3),
possesses powders made by himself;
법제처 9 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
4. Where a sales agent as prescribed in Article 6 (1) possesses the guns, swords,
powders, gas sprayers, electronic shock machines and crossbows;
5. Where a gun sales agent as prescribed in Article 6 (1) possesses the ball or blank
cartridges for guns sold under the proviso to paragraph (2) of the same Article;
6. Where a person who has obtained the permission on export and import under
Article 9 (1) or (2) possesses the guns, swords, powders, gas sprayers, electronic
shock machines and crossbows;
7. Where a person who has obtained the permission on the use of powders as
prescribed in Article 18 (1) (including those who may not obtain the permission on
the use under the proviso of Article 18 (1)), possesses powders;
8. Where a person who has obtained the permission on taking over of powders as
prescribed in Article 21 (1) (including those who may not obtain the permission of
the superintendent of the police station on taking over the powders under the
proviso of Article 21 (1)), possess the powders;
9. Where an employee of the persons falling under any of subparagraphs 2 through 8,
possesses the guns, swords, powders, gas sprayers, electronic shock machines and
crossbows on his duties; and
10. Where any person who is determined by the Presidential Decree, possesses the
guns, swords, powders, gas sprayers, electronic shock machines and crossbows.
Article 11 (Prohibition of Making, Sale and Possession of Imitation Guns) (1) No
person shall make, sell or possess those which look almost like the guns and are
determined by the Presidential Decree (hereinafter referred to as "imitation guns"),
except in case where he makes, sells or possesses the imitation guns for the purpose
of export. <Amended by Act No. 4154, Dec. 30, 1989>
(2) Where a person makes the imitation guns for the purpose of export under the
proviso of paragraph (1), it shall be reported to the superintendent of the police
station having jurisdiction over the seat of the factory, under the conditions as
determined by the Ordinance of the Ministry of Government Administration and
Home Affairs.<Amended by Act No. 5938, Mar. 31, 1999>
Article 12 (Permission for Possession of Guns, Swords, Powders, Gas Sprayers, Electric
Shock Machines and Crossbows) (1) Where a person who does not fall under any of
subparagraphs of Article 10 desires to possess guns, swords, powders, gas
법제처 10 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
sprayers, electronic shock machines and crossbows shall obtain permission from the
commissioner of the local police agency having jurisdiction over a domicile in cases
of the guns, and the superintendent of the police station having jurisdiction over the
domicile in cases of the swords, powders, gas sprayers, electric shock machines or
crossbows, respectively, as determined by Ordinance of the Ministry of Public
Administration and Security: Provided, That if a person desires to possess hunting
guns, gas guns, air guns, anesthetizing guns, guns for slaughter, industrial guns or
guns for rescue and lifesaving or their parts, the person shall obtain permission from
the superintendent of the police station having jurisdiction over the domicile.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6,
1995; Act No. 5938, Mar. 31, 1999; Act No. 6386, Jan. 26, 2001; Act No. 6948, Jul. 29, 2003; Act No.
8852, Feb. 29, 2008>
(2) Where a representative or agent, employee or other servant of a juristic person
intends to possess industrial guns, gas guns, gas sprayers or electric shock machines
for construction works and security, the representative of the juristic person shall
obtain permission from the superintendent of the police station having jurisdiction of
the seat of the principal office of the juristic person by specifying the number of
industrial guns, gas guns, gas sprayers or electric shock machines to be permitted
and persons to possess them. In such cases, permission for possession of gas guns
shall be limited to cases where the person to possess them can carry the arms under
related Acts and subordinate statutes.<Newly Inserted by Act No. 4989, Dec. 6, 1995>
(3) The scope of permission for possession of guns, swords, powders, gas sprayers,
electric shock machines and crossbows shall be determined by Presidential Decree,
by each kind and use.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 13 (Disqualification, etc. for Possessors of Guns, Swords, Powders, Gas
Sprayers, Electric Shock Machines and Crossbows) (1) Any person who falls under
any of the following subparagraphs shall not be allowed to obtain permission for
possession of guns, swords, powders, gas sprayers, electric shock machines and
crossbows: <Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948,
Jul. 29, 2003>
1. A person who is under 20 years of age: Provided, That this shall not apply to
cases where any player or candidate recommended by the president of the Korea
법제처 11 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
Amateur Athletic Association, or the president of the Seoul Special Metropolitan
City, Metropolitan City or Do amateur athletic association, desires to possess any
rifle for shooting match;
2. An insane person, narcotic, hemp, psychotropic drug or alcohol addict, or other
mentally defective person equivalent thereto;
3. A person who has been sentenced to imprisonment without prison labor or a
heavier punishment and whom three years have yet to elapse from the date on
which the execution of the sentence is terminated (including cases where that the
sentence is deemed terminated) or exempted;
4. A person who has been sentenced to a fine for violating the provisions of this Act
and for whom three years have yet to elapse from the date on which the person is
sentenced to such fine;
5. A person who has been sentenced to a stay of the execution of imprisonment with
prison labor or a heavier punishment for committing any specific violent crime
provided for in each subparagraph of Article 2 (1) of the Act on Special Cases
Concerning the Punishment of Specific Violent Crimes and for whom two years
have yet to elapse from the date on which the stay period ends;
6. A person who has been sentenced to a stay of the execution of imprisonment
without prison labor or a heavier punishment for contravention of the provisions of
this Act, and for whom one year has not elapsed after the execution stay period is
terminated;
7. A person for whom one year has not elapsed after the person is subject to a
disposition of revocation of permission, as prescribed in Article 45 or 46 (1) .
(2) Where deemed that a person may cause harm to another person's life and
property or the public security, even if the person does not fall under any of
subparagraphs of paragraph (1) , the commissioner of the local police agency or the
superintendent of the police station may refuse to grant him/her permission for
possession of guns, swords, powders, gas sprayers, electric shock machines and
cross bows.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No.
4989, Dec. 6, 1995>
(3) With respect to disguised guns, swords, powders, gas sprayers, electronicric
shock machines and crossbows, or any guns, swords, powders, gas sprayers, electric
shock machines and crossbows the structure and function of which fail to meet the
법제처 12 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
standards determined by Ordinance of the Ministry of Public Administration and
Security, the commissioner of the local police agency or the superintendent of police
station shall not grant permission for possession thereof.<Amended by Act No. 4154, Dec.
30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act
No. 8852, Feb. 29, 2008>
Article 14 (Special Case of Permission to Person Participating in International Match)
(1) Any person who enters or departs the country to participate in an international
shooting, hunting or martial arts match which is held at home or abroad, shall obtain
the permission of the commissioner of the local police agency having jurisdiction
over the seat of the immigration port, on the temporary export or import, and
possession, of the guns, swords and crossbows, to be used at such match (in case of
a permission on temporary possession, it shall be limited to foreigners; hereinafter
the same shall apply), under the conditions as determined by the Ordinance of the
Ministry of Government Administration and Home Affairs. <Amended by Act No. 4369,
May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
(2) The commissioner of the local police agency may, upon receiving an application
for permission as referred to in paragraph (1), grant the permission on the
temporary export, import, or possession, with a period fixed.<Amended by Act No. 4369,
May 31, 1991>
Article 15 (Special Case on Permission for Possession of Guns)
Articles 10, 18, 21 and 25 shall not be applicable to ball cartridges, blank cartridges,
detonating caps for guns, signal detonating caps, signal torpedoes, signal rockets,
signal fire-processed articles or starting powder, whose quantity is determined by
Ordinance of the Ministry of Public Administration and Security, which a person
holding permission for possession of guns under Article 12 or 14 possess to use for
permitted purposes.<Amended by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act
No. 8852, Feb. 29, 2008>
Article 16 (Renewal of Permission for Possession of Guns) (1) Any person with
permission for possession of the guns as prescribed in Article 12 shall have it
renewed every five years from the date on which he/she obtains it.
법제처 13 국가법령정보센터
「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
(2) The procedure for renewal of permission as referred to in paragraph (1) , and
other necessary matters shall be determined by Ordinance of the Ministry of Public
Administration and Security.<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29,
2008>
Article 17 (Restriction on Carrying, Transport, Use, Remodeling etc. of Guns, Swords,
Gas Sprayers, Electronic Shock Machines and Cross bows) (1) Any person holding
the permission on possession of guns, swords, powders, gas sprayers, electronic
shock machines and crossbows as prescribed in Article 12 or 14, shall not carry with
himself or transport them except in case where he intends to use them for the
permitted purpose, or there is any justifiable reason. <Amended by Act No. 4154, Dec. 30,
1989; Act No. 4989, Dec. 6, 1995>
(2) Any person holding the permission on possession of guns, swords, powders, gas
sprayers, electronic shock machines and crossbows as referred to in paragraph (1),
shall not use them unless they are used for the permitted purpose or there is any
justifiable reason.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
(3) Where a person holding the permission on possession of the guns as referred to
in paragraph (1) keeps, carries with himself, or transports them, he shall not charge
them with any ball or blank cartridges, and shall put them in the case or pack them.
<Amended by Act No. 4989, Dec. 6, 1995>
(4) Any person holding the permission on possession of the guns as referred to in
paragraph (1), shall not remodel it at his option to alter its performance.<Newly
Inserted by Act No. 3876, Dec. 31, 1986>
(5) Deleted.<by Act No. 6948, Jul. 29, 2003>
Article 18 (Use of Powders) (1) Any person who desires to blast or burn powders shall
obtain permission for the use of powders from the superintendent of the police
station having jurisdiction over the place where the powders are to be used, as
determined by Ordinance of the Ministry of Public Administration and Security:
Provided, That the foregoing shall not apply to persons who mine the minerals
pursuant to the provisions of the Mining Industry Act, and persons determined by
Presidential Decree. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) Where a person who has obtained permission for use of the powders as referred
to in paragraph (1) (hereinafter referred to as "powders user") desires to use the
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powders for any purpose, other than the permitted purpose, the person shall obtain
permission anew on the use of powders as referred to in paragraph (1) .
(3) Where the object, place, date, time, quantity or method of the use of powders is
deemed inappropriate, or is deemed to undermine the maintenance of the public
security, the superintendent of the police station shall not grant permission as
referred to in paragraph (1) or (2) .
(4) The blasting and burning of powders shall be conformed to the technical criteria
determined by Presidential Decree.
(5) Article 13 (1) and (2) shall be applicable to permission as referred to in
paragraphs (1) and (2) .<Amended by Act No. 4989, Dec. 6, 1995>
Article 19 (Prohibition of Handling)
Any person falling under any of the following subparagraphs, shall not handle the
guns, swords, powders, gas sprayers, electronic shock machines and crossbows
(referred to as making, selling, giving, receiving, loading, carrying, storing,
possessing, using, discarding, and so on; hereinafter the same shall apply), and no
person shall have him handle them:<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989,
Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
1. Person who is under eighteen years of age, except in case where any player or
candidate recommended by the president of the Korea Amateur Athletic
Association or the Seoul Special Metropolitan City/Metropolitan City/Do amateur
athletic association, possesses the rifle for shooting match and crossbows; and
2. Person falling under Article 5 or subparagraphs of Article 13 (1) (excluding
persons under 20 years of age in subparagraph 4 of Article 5 and Article 13 (1) 1).
Article 20 (Discarding of Gunpowder) (1) Any person who desires to discard the
powders, shall make a report to the superintendent of the police station having
jurisdiction over the place where he desires to discard them, under the conditions as
determined by the Ordinance of the Ministry of Government Administration and
Home Affairs: Provided, That this shall not apply in case where a maker discards any
powders produced in the making process in the factory. <Amended by Act No. 5938, Mar.
31, 1999>
(2) Where it is deemed that the place, date, time, quantity, method, and so on of
discarding of the powders, is not proper, or that it is obstacle to the maintenance of
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the public security, the superintendent of the police station may order a suspension
of the discarding of powders.
(3) The discarding of powders shall be conformed to such technical criteria as
determined by the Presidential Decree.
Article 21 (Restriction on Handover and Takeover, etc.) (1) Any person who desires to
hand over or take over powders shall obtain permission from the superintendent of
the police station having jurisdiction over his/her domicile or the place where the
powders are used, as determined by Ordinance of the Ministry of Public
Administration and Security: Provided, That this shall not apply to any of the
following cases: <Amended by Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No.
6948, Jul. 29, 2003; Act No. 8852, Feb. 29, 2008>
1. Where a maker takes over the powders for the purpose of manufacturing them, or
hands over the powders made;
2. Where a sales agent takes or hands over the powders for the purpose of selling
them;
3. Where a person holding a permission for the export and import of powders takes
or hands over the powders in connection with the export and import;
4. Where a person holding a permission for possession of the guns takes over the
powders not more than such quantity as determined by Presidential Decree, for
shooting or hunting;
5. Where a person who mines minerals under the Mining Act takes over the powders
not more than such quantity as determined by Presidential Decree, for the purpose
of mining the minerals;
6. Where the business manufacturing and selling powders or a powder storage place
is handed or taken over.
(2) Where it is deemed that the object of taking or handing over the powders is not
obvious, or that it is obstacle to the maintenance of the public security, the
superintendent of the police station shall not grant permission as referred to in
paragraph (1) .
(3) A maker or sales agent of powders, or any person holding permission for import
of powders shall not hand over the powders to persons, other than those who have
obtained permission for taking over under paragraph (1) or who need not any
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permission for taking over under the proviso to paragraph (1) , and no one shall take
over the powders from any person other than a maker, sales agent or person holding
permission for import or person who has obtained permission for handing over under
paragraph (1) .
(4) Any maker, sales agent, or person holding permission for import or possession of
guns, swords, powders, gas sprayers, electronic shock machines and crossbows shall
neither hand them over to a person, other than a maker, sales agent or person
holding permission for import or possession, nor take them over from a maker, sales
agent, or person holding permission for import or possession: Provided, That the
same shall not apply to cases where the business of making guns, swords, gas
sprayers, electric shock machines and crossbows or the business of selling them is
handed or taken over.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995;
Act No. 6948, Jul. 29, 2003>
(5) With regard to guns, swords, gas sprayers, electric shock machines and
crossbows, any maker, sales agent, person holding permission for export or import,
or person holding permission for possession shall be prohibited from renting them to
or from other persons, respectively.<Newly Inserted by Act No. 6948, Jul. 29, 2003>
Article 22 (Implementation of Education) (1) Any person who desires to obtain the
permission on possession of the guns (limited to the hunting and air guns) and
crossbows and person who desires to obtain the license for person in charge of
powders making security or control security as prescribed in Article 28, shall
receive the education on the following matters, conducted by the commissioner of
the local police agency or the superintendent of the police station who grants the
permission or license, before obtaining it: Provided, That if a person who is
determined by the Presidential Decree, desires to obtain the permission on
possession of guns and crossbows he may be exempted from the education or may
have him receive the education after obtaining it: <Amended by Act No. 3876, Dec. 31,
1986; Act No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No.
6386, Jan. 26, 2001>
1. Acts and subordinate statutes relating to the guns, swords, powders and
crossbows;
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2. Practical skill on the use, safe keeping and handling of the hunting guns, air guns
and crossbows; and
3. Practical skills on the safety control over the making and handling of the powders.
(2) The commissioner of the local police agency or the superintendent of the police
station who grants the permission or license, shall deliver a certificate for the course
completed, to those who have completed the curricula as referred to in paragraph
(1).<Amended by Act No. 3876, Dec. 31, 1986; Act No. 4369, May 31, 1991>
(3) The commissioner of the local police agency or the superintendent of the police
station who grants the permission or license, may entrust the Guns and Powders
Safety Techniques Association as prescribed in Article 48, or any other person who
is determined by the Ordinance of the Ministry of Government Administration and
Home Affairs, with all or part of the affairs concerning the education as referred to in
paragraph (1).<Amended by Act No. 3876, Dec. 31, 1986; Act No. 4369, May 31, 1991; Act No.
5938, Mar. 31, 1999>
Article 23 (Report, etc. on Finding and Picking Up)
Where a person finds or picks up any guns, swords, powders, gas sprayers,
electronic shock machines and crossbows which are deemed lost, buried or not
managed lawfully, he shall report it to the nearest national police station within 24
hours from the time when he makes such finding and shall not touch, move, beat or
dismantle them without instruction of the national police officer (including the
combatant policeman; hereinafter the same shall apply).<Amended by Act No. 4154, Dec.
30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003; Act No. 7849, Feb. 21, 2006>
CHAPTER IV MANAGEMENT OF GUNS,SWORDS, POWDERS, GAS SPRAYERS,
ELECTRIC SHOCK MACHINES AND CROSSBOWS
Article 24 (Storage of Powders) (1) The powders shall be stored at the powders
storage place as prescribed in Article 25, and conformed to such storing method and
quantity as determined by the Presidential Decree, and other technical standards
necessary for preventing any accident, except in case of the powders less than such
quantity as determined by the Presidential Decree.
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(2) The powders makers and sales agents shall install the powders storage place for
their exclusive use.
Article 25 (Permission on Installation of Powders Storage Place) (1) Any person who
desires to install a powders storage place, shall obtain the permission of the
commissioner of the local police agency or the superintendent of the police station
having jurisdiction over the place where it is installed, depending on the classification
by category of the powders storage place as determined by the Presidential Decree.
This provision shall also apply in case where he desires to change the location,
structure, or equipment of the powders storage place. <Amended by Act No. 4369, May
31, 1991>
(2) In case where the commissioner of the local police agency or the superintendent
of the police station receives the application for permission as referred to in
paragraph (1), if the structure, location and equipment of the storage place is
unconformed to such standards as determined by the Presidential Decree, he shall
not grant the permission.<Amended by Act No. 4369, May 31, 1991>
(3) The provisions of Article 5 shall apply mutatis mutandis to the case of the
permission on installation of the powders storage place.
(4) In the event that 6 months have yet to elapse from the time when the permission
for installing any powders storage place is revoked under Article 45 (2) and it is
intended to install a powders storage place at the sam place, the permission referred
to in paragraph (1) shall not be granted.<Newly Inserted by Act No. 6948, Jul. 29, 2003>
(5) Any person who has obtained the permission on installation of a powders storage
place (hereinafter referred to as "powders storage place installer") shall not entrust
another person with the management of the powders storage place, or lend it to him.
Article 25-2 (Succession to Status of Powders Storage Place Installer)
The provisions of Article 4-2 shall apply mutatis mutandis to the succession to the
status of any powders storage place installer. In this case, the "making industry"
shall be deemed the "powder storage place", the "maker" the "powders storage place
installer" and the "Commissioner General of the National Police Agency or the
commissioner of the local police agency", the "commissioner of the local policy
agency or the superintendent of police station", respectively.
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[This Article Newly Inserted by Act No. 6948, Jul. 29, 2003]
Article 26 (Transport of Powders) (1) Any person who desires to transport powders
shall report it to the superintendent of the police station having jurisdiction over the
forwarding place, as determined by Ordinance of the Ministry of Public
Administration and Security: Provided, That the same shall not apply to cases where
the person transports the powders not more than such quantity as determined by
Presidential Decree. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) The superintendent of the police station shall, upon receiving the report on
transport as referred to in paragraph (1) , deliver the certificate of powders
transport report, as determined by Ordinance of the Ministry of Public Administration
and Security.<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(3) Any person transporting powders shall carry with himself/herself the certificate
of powders transport report delivered under paragraph (2) .
(4) When transporting powders, the loading and transporting methods, the route and
mark of transport, etc. thereof, shall comply with such technical criteria determined
by Presidential Decree, and to the direction stated in the certificate of powders
transport report as referred to in paragraph (2) : Provided, That the same shall not
apply to transport by railway, ship and aircraft.
Article 27 (Appointment of Person in Charge of Powders Manufacturing Security or
Control Security) (1) Any powders maker shall appoint a person in charge of powders
manufacturing security or a person in charge of powders control security, and any
powders sales agent, powders repository installer and powders user of not less than
such quantity as determined by Presidential Decree, a person in charge of powders
control and security respectively shall appoint from among those holding the license
as prescribed in Article 28.
(2) When a person in charge of powders manufacturing security or control security
is appointed under paragraph (1) , it shall be reported to the permissiongranting
agency, as determined by Ordinance of the Ministry of Public Administration and
Security. This shall also apply in cases where the person is dismissed.<Amended by
Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(3) Where a person in charge of powders manufacturing security or control security
as referred to in paragraph (1) falls under a cause of disqualification as prescribed in
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Article 29 (1) , or violates this Act or any order issued under this Act, a
permission-granting agency may order to dismiss him/her.
(4) The criteria for appointment of the person in charge of powders manufacturing
security or control security and other necessary matters shall be determined by
Presidential Decree.
Article 28 (License for Person in Charge of Powders Manufacturing Security and Control
Security) (1) Any person who has acquired qualification for the powders
manufacturing engineer or technician, or for the powders control engineer as
prescribed by the National Technical Qualifications Act may obtain the license to
take charge of powders manufacturing security or control security granted by the
commissioner of the local police agency, as determined by Ordinance of the Ministry
of Public Administration and Security. <Amended by Act No. 4154, Dec. 30, 1989; Act No.
4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb.
29, 2008>
(2) Any person holding no license as referred to in paragraph (1) may not be the
person in charge of powders manufacturing security or control security.
(3) Matters necessary for the categories of license for the person in charge of
powders manufacturing security or control security and the qualifications for
acquiring the license shall be determined by Presidential Decree.
(4) Any person who has obtained the license as referred to in paragraph (1) shall
renew it every five years after the person has obtained it, as determined by
Ordinance of the Ministry of Public Administration and Security.<Amended by Act No.
5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
Article 29 (Disqualifications for Person in Charge of Powders Making Security or Control
Security) (1) Any person who falls under any of the following subparagraphs, shall
not obtain the license for the person in charge of powders making security or control
security: <Amended by Act No. 4154, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
1. A person under 20 years of age;
2. A person who is color-blind or -weak, blind, deaf, dumb, or whose arms and legs
are not convenient to move;
3. A person for whom one year has not elapsed after the license is revoked under
Article 30 (1) (except for paragraph 2) (except for persons whose license is
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revoked in violation of Article 28 (4)); and
4. A person who falls under Article 13 (1) 2 through 7.
(2) The provisions of Article 13 (2) shall apply mutatis mutandis to the license for
the person in charge of powders making security or control security.
Article 30 (Revocation and Suspension of License) (1) Where a person who has
obtained the license for the person in charge of powders making security or control
security falls under any of the following subparagraphs, the licensing agency may
revoke the license, or suspend the effect of the license with a period fixed within the
limit of six months: Provided, That if he falls under subparagraphs 1 through 4, the
license shall be revoked:
1. Where it is turned out the fact that he has obtained the license by a deceitful or
other unlawful way;
2. Where the qualifications are revoked under the National Technical Qualifications
Act;
3. Where he falls under disqualifications as prescribed in Article 29 (1);
4. Where he has lent the license to another person;
5. Where he has caused on purpose or by grave negligence an accident, such as
explosion, and so on in handling the powders, and killed or injured a person;
6. Where there is a considerable reason to believe that it might be prejudicial to the
public peace and order; and
7. Where he violates this Act or any order issued under this Act.
(2) Where a person who has obtained the license for the person in charge of
powders making security or control security has his qualification suspended pursuant
to the National Technical Qualifications Act, the licensing agency shall suspend the
effect of the license for the suspended period.<Newly Inserted by Act No. 4789, Dec. 6,
1995>
Article 31 (Liability, etc. of Person in Charge of Powders Making Security or Control
Security) (1) The person in charge of powders making security shall take charge of
the matters concerning the work of making the powders and the person in charge of
powders control security matters concerning the handling in general (excluding the
making) of the powders respectively, but shall carry out faithfully the supervisory
service on the safety as prescribed by the Presidential Decree.
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(2) Those who handle the powders, shall comply with the safety direction and
control of the person in charge of powders making or control and security.
Article 32 (Stability Test of Powders) (1) Any person who has made or imported the
powders, or who possesses the powders at the expiration of such period as
determined by the Presidential Decree after making or importing them shall test the
stability thereof under the conditions as determined by the Presidential Decree.
(2) Any person who has tested the stability under paragraph (1), shall report the
result of test to the commissioner of the local police agency.<Amended by Act No. 4369,
May 31, 1991>
(3) Where it is deemed necessary for preventing any accident, the commissioner
general of the National Police Agency or the commissioner of the local police agency
may order the owner of the powders to conduct the stability test as referred to in
paragraph (1).<Amended by Act No. 4369, May 31, 1991>
(4) The powders which are turned out unconformed to such technical criteria as
determined by the Presidential Decree, as a result of the stability test as referred to
in paragraphs (1) and (3), shall be discarded.
Article 33 (Measures for Remained Powders)
Any person who is entitled to possess or use the powders under this Act or pursuant
to the provisions of other Acts, shall hand over or discard without delay the remained
powders, if the permission is revoked, or it is not required to possess or use them.
Article 34 (Packing, etc. of Powders) (1) The packing of the powders shall comply with
the packing standards of the powders, as determined by Ordinance of the Ministry of
Public Administration and Security. <Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852,
Feb. 29, 2008>
(2) Guns, swords, powders, gas sprayers, electric shock machines and crossbows
shall not be possessed, stored, transported or forwarded in disguise or packed by
mixing with other things.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6,
1995>
Article 35 (Report on Theft and Loss)
If any guns, swords, powders, gas sprayers, electronic shock machines and
crossbows are stolen or lost, the owner or manager shall report it without delay to
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the national police agency.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6,
1995; Act No. 7849, Feb. 21, 2006>
Article 36 (Emergency Measures, etc.)
Where the stability of the powders is abnormal, or if it is the most urgent because a
fire or other dangerous situation happens in the vicinity of the powders storage
place, the owner or manager of the powders, or the powders storage place installer,
shall take any emergency measures and report it to the national police agency, under
the conditions as determined by the Presidential Decree.<Amended by Act No. 7849, Feb.
21, 2006>
Article 37 (Prohibition, etc. of Handling of Fire or Smoking) (1) Any person shall not
handle any kindling charcoal or smoke at a place other than designated one in the
factory, sales agency, storage place or other dealership of the powders.
(2) No person shall enter the factory, sales agency, storage place or other
dealership of the powders as referred to in paragraph (1), with inflammables without
approval of the manager.
Article 38 (Danger and Injury Preventive Rules) (1) The maker of guns, swords,
powders, gas sprayers, electronic shock machines and crossbows shall determine the
danger and injury preventive rules in conformity with such standards as determined
by Ordinance of the Ministry of Government Administration and Home Affairs, to
obtain the approval of the director of the local police agency. This provision shall
also apply in case where he desires to modify it. <Amended by Act No. 4154, Dec. 30,
1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999>
(2) Where the danger and injury preventive rules as referred to in paragraph (1) are
unconformed to the standards of the facilities and techniques as to the manufacture
of guns, swords, powders, gas sprayers, electronic shock machines and crossbows
prescribed in Article 4 (5), or it is deemed unfit to prevent any accident, the
commissioner of the local police agency shall not grant the approval.<Amended by Act
No. 4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul.
29, 2003>
(3) Where it is deemed necessary for preventing any accident and for maintaining
the public security, the commissioner of the local police agency may order a
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modification of the danger and injury preventive rules.<Amended by Act No. 4369, May
31, 1991>
(4) The maker of the guns, swords, powders, gas sprayers, electronic shock
machines and crossbows, and his employees shall observe the danger and injury
preventive rules.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 39 (Self-Safety Education) (1) Any maker of guns, swords, powders, gas
sprayers, electric shock machines and crossbows shall set up a self-safety
education program for its employees in conformity with such standards, as
determined by Ordinance of the Ministry of Public Administration and Security and
obtain the approval of the commissioner of the local police agency. This shall also
apply in cases where the maker desires to modify such programs. <Amended by Act No.
4154, Dec. 30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar.
31, 1999; Act No. 8852, Feb. 29, 2008>
(2) Where the safety education programs as referred to in paragraph (1) are deemed
unfit to such standards, as determined by Ordinance of the Ministry of Public
Administration and Security, the commissioner of the local police agency shall not
approve such programs.<Amended by Act No. 4369, May 31, 1991; Act No. 5938, Mar. 31,
1999; Act No. 8852, Feb. 29, 2008>
(3) The maker of guns, swords, powders, gas sprayers, electric shock machines and
crossbows shall faithfully conduct the safety education according to the safety
education programs approved under paragraph (1) .<Amended by Act No. 4154, Dec. 30,
1989; Act No. 4989, Dec. 6, 1995>
(4) Where it is deemed particularly necessary to prevent accidents, the
commissioner of the local police agency may also order those who use lots of
powders, or use the powders consecutively for a considerable period to establish a
plan for self-safety education. In such cases, paragraphs (1) through (3) shall apply
mutatis mutandis.<Amended by Act No. 4369, May 31, 1991>
Article 40 (Self-Safety Check) (1) Any powders repository installer shall make a plan
for self-safety check in conformity with such standards as determined by Ordinance
of the Ministry of Public Administration and Security, and conduct the check, but
submit the plan for safety check to the permission-granting agency. This shall also
apply in cases where the installer desires to modify it. <Amended by Act No. 5938, Mar.
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31, 1999; Act No. 8852, Feb. 29, 2008>
(2) The plan for self-safety check as referred to in paragraph (1) shall include the
regular checks not less than the frequency as determined by Presidential Decree,
and when the regular check is finished, the result of inspection shall be reported
without delay to the permission granting agency.
(3) The commissioner of the local police agency or the superintendent of the police
station may, if necessary, have any public official concerned participate in the self-
safety check as referred to in paragraph (1) .
Article 41 (Regular Safety Inspection)
Any maker and sales agent of guns, swords, powders, gas sprayers, electronic shock
machines and crossbows, or powders storage place installer shall undergo the safety
inspection conducted each year regularly by the permission-granting agency, under
the conditions as determined by the Presidential Decree.<Amended by Act No. 4154, Dec.
30, 1989; Act No. 4989, Dec. 6, 1995>
Article 42 (Inspection on Guns, Gas Sprayers, electric shock machines and Crossbows)
(1) Among guns, gas sprayers, electric shock machines and crossbows made by
persons holding permission for the making industry thereof under Article 4, and the
guns, gas sprayers, electric shock machines and crossbows imported by those
holding permission for import thereof under Article 9, persons as prescribed by
Presidential Decree shall undergo the inspection of the Commissioner General of the
National Police Agency. <Newly Inserted by Act No 3876, Dec. 31, 1986; Act No. 4154, Dec. 30,
1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
(2) The structure, marks of passing the performance test, inspection fee, of the
guns, gas sprayers, electric shock machines and crossbows, which are the criteria of
the inspection as referred to in paragraph (1) , and other matters necessary for the
inspection shall be determined by Ordinance of the Ministry of Public Administration
and Security.<Newly Inserted by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act
No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(3) Where it is deemed necessary, the Commissioner General of the National Police
Agency may entrust the Guns and Powders Safety Techniques Association, as
prescribed in Article 48, with the inspection affairs as referred to in paragraph (1) .
In such cases, the matters necessary for carrying out the inspection affairs, such as
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the standards of facilities to be provided by the Guns and Powders Safety
Techniques Association, and the standards of qualification for the person to con duct
the inspection affairs etc. shall be determined by Ordinance of the Ministry of Public
Administration and Security.<Newly Inserted by Act No. 3876, Dec. 31, 1986; Act No. 4369,
May 31, 1991; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(4) Where the inspection on the guns, gas sprayers, electric shock machines and
crossbows is entrusted under paragraph (3) , the officers and employees of the Guns
and Powders Safety Techniques Association, who conduct the inspection affairs shall
be considered as public officials in the application of Articles 129 through 132 of the
Criminal Act.<Newly Inserted by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act
No. 4989, Dec. 6, 1995>
(5) Any guns, gas sprayers, electric shock machines and crossbows with no mark of
passing the inspection conducted under paragraph (1) , shall not be sold or displayed
for sale.<Newly Inserted by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No.
4989, Dec. 6, 1995>
(6) Where it is deemed necessary to examine as to whether it is appropriate for an
owner of guns, gas sprayers, electric shock machines and crossbows with permission
to possess them, the permission-granting agency may conduct an inspection on such
guns, gas sprayers, electric shock machines and crossbows, as determined by
Ordinance of the Ministry of Public Administration and Security.<Amended by Act No.
4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb.
29, 2008>
(7) Any person who has obtained permission for possession of the guns, gas
sprayers, electric shock machines and crossbows shall undergo the inspection on the
guns as referred to in paragraph (6) .<Amended by Act No. 3876, Dec. 31, 1986; Act No.
4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
CHAPTER V SUPERVISION
Article 43 (Inspection on Completion)
Any maker or sales agent of the guns, gas sprayers, electronic shock machines and
crossbows, and powders storage place installer shall undergo the inspection of the
permission-granting agency on the facilities or equipment thereof within 1 year from
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the date of obtaining the relevant permission, and may not commence a business or
use the facilities or equipment without passing the inspection: Provided, That in case
of unavoidable reasons, such period may be extended, but it shall not exceed 1 year.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6386, Jan. 26,
2001>
Article 44 (Access, Inspection, etc.) (1) Where it is deemed necessary for preventing
any accident or maintaining the public safety, the permission-granting agency may
have any public official concerned enter the factory or sales agency of the guns, gas
sprayers, electronic shock machines and crossbows, the powders storage or using
place, or other necessary places, to inspect books, documents, and other necessary
things, or ask any questions of the interested persons. <Amended by Act No. 4154, Dec.
30, 1989; Act No. 4989, Dec. 6, 1995>
(2) Any public official who is engaged in the access and inspection under paragraph
(1), shall carry with himself a certificate indicating his competence and show it to the
interested person.
(3) Where it is deemed necessary for preventing any accident or maintaining the
public safety, the permission-granting agency may have any maker and sales agent
of the guns, gas sprayers, electronic shock machines and crossbows, the person
holding the permission on import thereof, the person holding the permission on
possession of the guns, gas sprayers, electronic shock machines and crossbows, the
powders storage place installer, or the powders user and so on make a necessary
report.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 45 (Administrative Disposition against Makers, etc.) (1) Where a maker or sales
agent of the guns, gas sprayers, electronic shock machines and crossbows falls
under any of the following subparagraphs, the permission-granting agency under
Article 4 (1) or (2) and 6 (1) shall revoke the permission: Provided, That in the
cases as referred to in subparagraphs 5 through 7, it may order a suspension of
business with a specified period fixed within the limit of six months: <Amended by Act
No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938,
Mar. 31, 1999>
1. Where he has obtained the permission by a deceitful or other unlawful way;
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1-2. When the guns, swords, powders, gas sprayers, electronic shock machines and
crossbows manufactured for the purpose of export without being applied to the
structure and performance standards under the provisions of Article 3 (4) are sold
or flown out within the country;
2. Where he fails to provide the making or sales facilities or equipment as prescribed
in Article 4 or 6, or he falls under disqualifications as prescribed in Article 5
(including the case where it is applicable under Article 7);
3. Where he has failed to undergo the completion inspection as prescribed in Article
43;
4. Where he has suspended the business for one or more years after commencing
the business, without any justifiable reason;
5. Where he fails to commence the business within the designated time limit;
6. Where there is any good reason to believe that it might be prejudicial to the public
peace and order; and
7. Where he violates this Act or any order issued under this Act.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to the powders
storage place installer as prescribed in Article 25.<Amended by Act No. 3876, Dec. 31,
1986>
Article 45-2 (Succession of Effect of Administrative Disposition) (1) In the event that
the status of any maker or sales agent is succeeded under Articles 4-2 and 6-2, the
effect of any administrative disposition taken against the previous maker or the sales
agent on the grounds of their violation of the provisions of Article 45 (1) shall be
succeeded to any transferee and successor by the date on which the term of such
administrative disposition comes to an end, and if proceedings for such
administrative disposition are in process, such proceedings may continue with
respect to such transferee and successor: Provided, That the same shall not apply to
the case where the transferee (excluding to any person who succeeds by
inheritance) does not know the administrative disposition and the fact of violation at
the time he succeeds the business.
(2) In the event that the succession of the status of any powders storage place
installer takes place under Article 25-2, the provisions of paragraph (1) shall apply
mutatis mutandis to the succession of the effect of an administrative disposition
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taken on the previous powders storage place installer.
[This Article Newly Inserted by Act No. 6948, Jul. 29, 2003]
Article 46 (Administrative Dispositions in Relation to Those Holding Permission on
Possession of Guns, etc.) (1) Where a person holding permission for possession
(referring to a person specified to possess in cases under Article 12 (2) ) of guns,
gas sprayers, electric shock machines and crossbows, or powders user falls under
any of the following subparagraphs, permission-granting agency as prescribed in
Articles 12 (1) and (2) , 14, 18 (1) and (2) shall revoke permission. In such cases,
where a representative of a juristic person has obtained permission for possession
under Article 12 (2) , the permission on part of the number of the permitted
industrial guns, gas guns, gas sprayers or electric shock machines shall be revoked
as determined by Presidential Decree: <Amended by Act No. 3876, Dec. 31, 1986; Act No.
4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003; Act No. 7849, Feb. 21,
2006>
1. Where the person falls under disqualifications prescribed in Article 13 (1) ;
2. Where the person violates Article 17 (1) , (2) or (4) ;
3. Where 30 days have elapsed since he/she reported to the national police agency
because he/she had guns, gas sprayers, electric shock machines and crossbows
stolen or had lost them;
4. Where the person violates this Act or any order issued under this Act.
(2) When the permission-granting agency has revoked permission under paragraph
(1) , it shall order presentation of guns, gas sprayers, electric shock machines and
crossbows and hold temporarily them in the agency, by the decision of court or
public prosecutor, except in cases where such guns, gas sprayers, electric shock
machines and crossbows are confiscated or reverted to the national treasury.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
(3) Any person who has any guns, gas sprayers, electric shock machines and
crossbows held temporarily under paragraph (2) , or who has presented them to the
permission-granting agency for an unlawful possession or use, or other reason shall
take any measures for waiving the ownership to them, such as transfer or donation
to a third person entitled to possess and use them lawfully, or discard them etc.
within six months.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
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(4) Any person who has received or been donated under paragraph (3) , and has
obtained permission for possession of the guns, gas sprayers, electric shock
machines and crossbows may request a permission-granting agency to return them,
as determined by Ordinance of the Ministry of Public Administration and Security.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31,
1999; Act No. 8852, Feb. 29, 2008>
(5) Where a person liable for taking the measure to waive the ownership of the guns,
gas sprayers, electric shock machines and crossbows within six months under
paragraph (3) fails to fulfill the obligation, or the person''s whereabouts is not
unknown, the permission-granting agency may make a notice of demand or public
notice on the settlement of such guns, gas sprayers, electric shock machines and
crossbows for a specified period, as determined by Ordinance of the Ministry of
Public Administration and Security.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989,
Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(6) If no request for return of the guns, gas sprayers, electric shock machines and
crossbows is made, even after six months have elapsed from the date of the
completion of the proceeding period as determined by the notice of demand or public
notice in accordance with of paragraph (5) , or they are likely to be decomposed or
deteriorated after the lapse of proceeding period, or it is difficult to keep them
continuously because considerable expenses are needed for safekeeping them, they
may be put on sale: Provided, That if it is impossible to sell them, or there is no
person who desires to buy them, they may be discarded.<Amended by Act No. 4154, Dec.
30, 1989; Act No. 4989, Dec. 6, 1995>
(7) The proceeds of sale of the guns, gas sprayers, electronic shock machines and
crossbows as referred to in paragraph (6) shall be returned to the rightful person,
and if the rightful person fails to request the return even at the expiration of six
months after the completion of the proceeding period, they shall be reverted to the
national treasury, as determined by Presidential Decree: Provided, That if the
proceeds of sale are returned, the expenses for the safekeeping and sale shall be
deducted therefrom.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 46-2 (Hearing)
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Where a licensing agency or permission-granting agency desires to make such a
disposition falling under any of the following subparagraphs, it shall hold a hearing:
1. Revocation of the licenses, given under Article 30 (1), of the person in charge of
powders making security or control security;
2. Revocation of permission, given under Article 45, of the makers or sales agents of
the guns, swords, powders, gas sprayers, electronic shock machines and
crossbows; and
3. Revocation of permission, given under Article 46 (1) of the persons holding the
permission on possession of the guns, swords, powders, gas sprayers, electronic
shock machines and crossbows or powders users.
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 47 (Measures, and so on for Public Safety) (1) If it is deemed necessary for
preventing any accident or maintaining the public safety, the permission-granting
agency may issue or take the following order or measures: <Amended by Act No. 4154,
Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
1. Revocation of the permission on possession of the guns, gas sprayers, electronic
shock machines and crossbows, the permission on use, transfer or takeover of the
powders, or restriction on the transport of powders;
2. Prohibition of the use of all or part of the facilities, or removal or supplement of
facilities, or other corrective measures, against any maker or sales agent of the
guns, gas sprayers, electronic shock machines and crossbows, or the powders
storage place installer, or the powders user;
3. Temporary prohibition or restriction on the making, sale, receipt and transfer,
export and import, loading, transport, storage, possession, use or discard, against
any maker and sales agent of the guns, swords, powders, gas sprayers, electronic
shock machines and crossbows, person holding the permission on export and
import or on possession, powders storage place installer, powders user, or other
handler;
4. Order of change or discard of the powders storage place to any owner or
possessor of the powders, or order for safe transport to a person who desires to
transport the powders; and
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5. Order for safety and protection of the facilities to any maker or sales agent of the
guns, gas sprayers, electronic shock machines and crossbows, or any powder
storage place installer.
(2) Where it is deemed necessary for taking the measures as referred to in
paragraph (1) 1 through 3, the permission-granting agency may order to keep guns,
gas sprayers, electronic shock machines and crossbows in a place as designated by
the permission-granting agency. In this case, necessary matters concerning the
objects subject to safekeeping, returning methods and period of safekeeping and so
on shall be determined by the Presidential Decree.<Amended by Act No. 4154, Dec. 30,
1989; Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996>
(3) Any person who possesses the guns, gas sprayers, electronic shock machines
and crossbows shall observe the matters prescribed by the Ordinance of the Ministry
of Government Administration and Home Affairs other than orders or measures
referred to in paragraph (1) and paragraph (2) in order to maintain public safety in
connection with the transportation and handling of guns, etc.<Newly Inserted by Act No.
4989, Dec. 6, 1995; Act No. 5938, Mar. 31, 1999; Act No. 6948, Jul. 29, 2003>
CHAPTER VI GUNS AND POWDERS SAFETY TECHNIQUES ASSOCIATION
Article 48 (Establishment of Guns and Powders Safety Techniques Association) (1) In
order to carry out the research and development of the safety techniques to prevent
any danger and accident caused by the guns, gas sprayers, electronic shock
machines and crossbows, the education as to the safety of the guns, gas sprayers,
electronic shock machines and crossbows, entrusted by the administrative agency,
and other affairs, the Guns and Powders Safety Techniques Association (hereinafter
referred to as the "Association") shall be established. <Amended by Act No. 4154, Dec.
30, 1989; Act No. 4989, Dec. 6, 1995>
(2) The Association shall be a juristic person.
(3) Matters necessary for the establishment and registration of the Association, shall
be determined by the Presidential Decree.
Article 49 (Members)
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The makers and sales agents of the guns, gas sprayers, electronic shock machines
and crossbows, those holding the permission on possession thereof (excluding those
holding the permission on possession of the gas sprayers, electronic shock machines
or crossbows) powders storage place installers, powders users, those holding the
license for the person in charge of powders making security or control security shall
be members of the Association from the date on which they obtain the permission or
license under this Act, except those who obtain the temporary permission on export
and import or possession of the guns, or temporary powders users, who are
prescribed by the articles of association of the Association.<Amended by Act No. 4154,
Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 50 (Establishment of Branch Offices)
The association may establish its branch offices or affiliated associations under the
conditions as determined by the Articles of Association.
Article 51 (Articles of Association) (1) The articles of association shall include the
following matters:
1. Object;
2. Title;
3. Seat of its principal office;
4. Matters concerning its activities;
5. Matters concerning the board of directors;
6. Matters concerning the members, officers and employees;
7. Matters concerning the finance and accounting;
8. Matters concerning the public notice; and
9. Matters concerning the modification of the articles of association.
(2) The articles of association as referred to in paragraph (1) shall be approved by
the commissioner general of the National Police Agency. This provision shall also
apply in case where the articles of association are modified.<Amended by Act No. 4369,
May 31, 1991>
Article 52 (Activities)
The Association shall carry out the following activities:<Amended by Act No. 4154, Dec
30, 1989; Act No. 4369, May 31, 1991; Act No. 4989, Dec. 6, 1995>
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1. Technical support, survey and research and study on the safety of the guns,
powders, gas sprayers, electronic shock machines and crossbows;
2. Safety inspection on the guns, gas sprayers, electronic shock machines and
crossbows and stability test on the powders;
3. Research, development and spread on the techniques and facilities of the making,
transport, use, storage, and so on of the guns, powders, gas sprayers, electronic
shock machines and crossbows;
4. Enlightenment and public information on the safety thought concerning the guns,
powders, gas sprayers, electronic shock machines and crossbows;
5. Education on the safety and techniques of the guns, powders, gas sprayers,
electronic shock machines and crossbows;
6. Collection of the materials, and publication and dissemination of technical books,
and so on as to the guns, powders, gas sprayers, electronic shock machines and
crossbows;
7. Introduction of technology and international cooperation as to the guns, powders,
gas sprayers, electronic shock machines and crossbows;
8. Technical advice on the administrative affairs as to the safety of the guns,
powders, gas sprayers, electronic shock machines and crossbows;
9. Affairs concerning the safety of the guns, powders, gas sprayers, electronic shock
machines and crossbows entrusted by the commissioner general of the National
Police Agency; and
10. Other activities necessary for attaining the object of the Association.
Article 53 (Officers) (1) The Association shall have five or less directors including a
chairman, and an auditor.
(2) The chairman and the auditor shall be appointed and dismissed by the
commissioner general of the National Police Agency, and the directors shall be
appointed and dismissed by the chairman with the approval of the commissioner
general of the National Police Agency.<Amended by Act No. 4369, May 31, 1991>
(3) The terms of the chairman, directors and the auditor shall be two years.
<Amended by Act No. 5201, Dec. 30, 1996>
Article 54 (Duties of Officers) (1) The chairman shall represent the Association, and
take charge of the affairs of the Association.
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(2) The auditor shall audit and inspect the accounting and affairs of the Association.
Article 55 (Disqualifications for Officer)
No person who falls under any of the following subparagraphs, may be an officer of
the Association:
1. Person who is incompetent, quasi-incompetent, or who is declared bankrupt, but
not reinstated;
2. Person who was sentenced to a penalty not lighter than imprisonment without
prison labor, and for whom three years have not elapsed after the execution of the
sentence is terminated, or non-execution becomes definite;
3. Person who was sentenced to a stay of execution of a penalty not lighter than
imprisonment without prison labor, and for whom one year has not elapsed after
the stay of execution period is terminated;
4. Person who is in the period of stay of a sentence to a penalty not lighter than
imprisonment without prison labor; and
5. Person whose qualification is forfeited or suspended by law or judgment.
Article 56 (Board of Directors) (1) In order to take decisions on the important matters
of the Association, the board of directors shall be established under the Association.
(2) The board of directors shall be composed of the directors, including the
chairman.
(3) The chairman shall convene the board of directors, and preside over it.
(4) The board of directors shall take a decision with attendance of a majority of all
directors, and by a concurrent vote of a majority of directors present.
(5) The auditor may attend the board of directors and state his opinion.
Article 57 (Employees)
The employees of the Association shall be appointed and dismissed by the chairman,
under the conditions as determined by the articles of association.
Article 58 (Finance) (1) The expenses for the operation and activities of the
Association shall be covered by the following sources: <Amended by Act No. 5938, Mar.
31, 1999; Act No. 8852, Feb. 29, 2008>
1. Subsidies from the Government and local government;
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2. Fees of the safety inspection of the guns, stability test of the powders, and
education, as prescribed by Ordinance of the Ministry of Public Administration and
Security;
3. Contributions from members prescribed by Presidential Decree.
(2) The method and ratio of bearing the contributions as referred to in paragraph (1)
3, and other matters necessary for the contributions shall be determined by
Presidential Decree.
Article 59 (Approval, etc. of Work Plan) (1) The fiscal year of the Association shall be
subject to that of the Government.
(2) The Association shall prepare in advance the work plan each fiscal year and
obtain the approval of the commissioner general of the National Police Agency. This
provision shall also apply in case where it desires to modify the work plan.<Amended
by Act No. 4369, May 31, 1991>
Article 60 (Submission of Statement of Accounts)
The Association shall prepare each fiscal year a settlement of accounts on revenue
and expenditure, and submit it to the commissioner general of the National Police
Agency with the inspection of the certified public accountant designated by the
commissioner general of the National Police Agency, not later than the end of
February in the following year.<Amended by Act No. 4369, May 31, 1991>
Article 61 (Supervision)
The commissioner general of the National Police Agency shall supervise the
Association, and may issue any order necessary for attaining the object of
establishment of the Association.<Amended by Act No. 4369, May 31, 1991>
Article 62 (Application Mutatis Mutandis of Civil Act)
Except as provided by this Act, the provisions of the Civil Act concerning the
foundation, shall apply mutatis mutandis to the Association.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 63 (Keeping of Books and Entry Therein)
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The maker and sales agent of the guns, swords, powders, gas sprayers, electronic
shock machines and crossbows, powders storage place installer or powders users
shall prepare and keep the books and enter necessary matters therein as determined
by the Presidential Decree indicating it at each factory, sales agency or storage
place.<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 64 (Signboard and Other Marks)
Any maker and sales agent of the guns, swords, powders, gas sprayers, electronic
shock machines and crossbows, and powders storage place installer shall make a
signboard or other marks indicating it at each factory, sales agency or storage place.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995>
Article 65 (Permit, etc.) (1) When a permission-granting agency or licensing agency
grants a permission or license under this Act, it shall deliver a permit or license as
determined by Ordinance of the Ministry of Public Administration and Securitys.
<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) Where a person with a permit or license delivered under paragraph (1) is subject
to disposition of revocation of permission or license, the suspension of business, use,
or effect of license, the person shall immediately return the permit or license to the
permission-granting or licensing agency, as determined by Ordinance of the Ministry
of Public Administration and Security.<Amended by Act No. 5938, Mar. 31, 1999; Act No.
8852, Feb. 29, 2008>
(3) Where any matter stated in the permit or license is changed, a person who has
the permit or license delivered under paragraph (1) shall report it to the
permission-granting or licensing agency as determined by Ordinance of the Ministry
of Public Administration and Security.<Amended by Act No. 5938, Mar. 31, 1999; Act No.
8852, Feb. 29, 2008>
(4) Where a permit or license is lost or worn out, such fact may be reported to the
permission-granting or licensing agency, and a new one may be delivered, as
determined by Ordinance of the Ministry of Public Administration and Security.
<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
Article 66 (Reports on Closure and Discontinuance of Business)
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Where a maker or sales agent of guns, swords, powders, gas sprayers, electric
shock machines and crossbows abolishes all or part of his/her business, or a
powders repository installer abolishes the use of the storage place, and he/she
desires to discontinue the manufacturing industry or sales business of guns, swords,
powders, gas sprayers, electronic shock machines and crossbows for a period not
exceeding one year, he/she shall report it to the permission-granting agency as
determined by Ordinance of the Ministry of Public Administration and Security.
<Amended by Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6, 1995; Act No. 5938, Mar. 31,
1999; Act No. 8852, Feb. 29, 2008>
Article 67 (Fees) (1) Any person who desires to obtain a permission or license as pre
scribed by this Act, or to have the permit or license redelivered shall pay fees, as
determined by Ordinance of the Ministry of Public Administration and Security.
<Amended by Act No. 5938, Mar. 31, 1999; Act No. 8852, Feb. 29, 2008>
(2) Among fees under paragraph (1) , fees paid where the commissioner of the local
police agency or the superintendent of the police station grants permission or
license, or redelivers the permit or license, shall be the revenue of the Seoul Special
Metropolitan City, Metropolitan City or Do concerned.<Amended by Act No. 4369, May 31,
1991; Act No. 4989, Dec. 6, 1995>
Article 68 (Delegation of Powders)
The commissioner general of the National Police Agency or commissioner of the
local police agency may delegate part of his powers as prescribed by this Act to the
commissioner of the local police agency or the superintendent of the police station,
under the conditions as determined by the Presidential Decree.<Amended by Act No.
4369, May 31, 1991>
Article 69 Deleted.<by Act No. 6386, Jan. 26, 2001>
CHAPTER VIII PENAL PROVISIONS
Article 70 (Penal Provisions) (1) A person falling under the following subparagraphs
shall be punished by imprisonment for not more than ten years, or a fine not
exceeding twenty million won: <Amended by Act No. 5938, Mar. 31, 1999>
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1. A person who sells or flows out the guns, swords, powders, gas sprayers,
electronic shock machines and crossbows manufactured for the purpose of export
without being applied to the structure and performance standards under the
provisions of Article 3 (4) within the country; and
2. A person who violates the provisions of Article 4 (1) and (3) (limited to the guns
and powders), Article 6 (1) (limited to the guns and powders), paragraph (2)
(limited to the guns and powders), Article 9 (1) or Article 12 (1) (limited to the
guns and powders), and paragraph (2) (limited to the industrial guns and gas guns).
(2) Any person who has attempted the offense as referred to in paragraph (1), shall
be punished.
Article 71 (Penal Provisions)
Any person who falls under any of the following subparagraphs, shall be punished by
imprisonment for not more than five years, or a fine not exceeding ten million won:
<Amended by Act No. 4989, Dec. 6, 1995; Act No. 5201, Dec. 30, 1996; Act No. 6948, Jul. 29,
2003>
1. Person who violates the provisions of Article 4 (2) or (3) (limited to swords, gas
sprayers, electronic shock machines and crossbows), 6 (1) (limited to swords, gas
sprayers, electronic shock machines or crossbows) or (2) (limited to swords, gas
sprayers, electronic shock machines or crossbows), 9 (2) or 12 (1) (limited to
swords, gas sprayers, electronic shock machines or crossbows) or (2) (limited to
gas sprayers and electronic shock machines);
2. Person who violates the provisions of Article 18 (1) or (2);
3. Person who violates the provisions of Article 21 (1), (3), (4) or (5);
4. Person who neglects the supervisory affairs as to the safety, in violation of the
provisions of Article 31 (1);
5. Person who violates the order of business or use suspension as prescribed in
Article 45 (1) or (2); and
6. Person who violates the order or measures as prescribed in Article 47 (1), or
violates the order of safekeeping as prescribed in paragraph (2) of the said Article.
Article 72 (Penal Provisions)
Any person who falls under any of the following subparagraphs, shall be punished by
imprisonment for not more than three years, or a fine of not exceeding seven million
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「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
won:<Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6,
1995; Act No. 6948, Jul. 29, 2003>
1. Person who violates the provisions of Article 8, 19, 24 (1) or (2), 25 (1) or (5),
or 27 (1), 32 (1), 34 (1) or (2), 36, 38 (1) or (4), 40 (1) or 43;
2. Person who violates the order as prescribed in Article 27 (3) or 32 (3);
3. Person who violates the provisions of Article 41 or 42 (7);
4. Maker, importer or sales agent of the guns, gas sprayers, electronic shock
machines and crossbows who violates the provisions of Article 42 (1) or (5);
5. Person who refuses, interferes with, or evades the access or inspection as
prescribed in Article 44 (1) or who makes a false statement;
6. Person who fails to comply with the technical standards or instruction as
prescribed in Article 18 (4) or 26 (4); and
7. Person who has obtained the permission or license as prescribed by this Act by a
deceitful or other unlawful way.
Article 73 (Penal Provisions)
Any person who falls under any of the following subparagraphs, shall be punished by
imprisonment for not more than two years, or a fine not exceeding five million won:
<Amended by Act No. 3876, Dec. 31, 1986; Act No. 4154, Dec. 30, 1989; Act No. 4989, Dec. 6,
1995; Act No. 6948, Jul. 29, 2003>
1. Person who violates the provisions of Article 4-2 (3) (including the case where
the provisions of Article 6-2 and 25-2 are applied mutatis mutandis), 11 (1), 17
(2) or (4), 31 (2), or 37 (1) or (2);
2. Person who discards the powders in violation of the technical standards as
prescribed in Article 20 (3);
3. Person who violates the provisions of Article 23; and
4. Person who fails to make the report as prescribed in Article 26 (1), or who makes
a false report.
Article 74 (Fine for Negligence) (1) Any person who falls under any of the following
subparagraphs, shall be punished by a fine for negligence not exceeding three million
won: <Amended by Act No. 4989, Dec. 6, 1995; Act No. 6948, Jul. 29, 2003>
1. A person who fails to make the report as prescribed in Article 9 (5), 11 (2), 20
(1), 27 (2), 35 or 66, or who makes a false report;
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2. A person who violates the provisions of Article 17(1) or (3), 32 (4), 33, 39 (1) or
(3), 63, 64, 65 (2) or (3);
3. A person who fails to carry with himself the certificate of powders transport
report, in violation of the provisions of Article 26 (3);
4. A person who fails to make the report as prescribed in Article 32 (2), 40 (2) or
44 (3), or who makes a false report;
5. A person who violates the order as prescribed in Article 20 (2) or 39 (4); and
6. A person who violates the matters to be obeyed as prescribed in Article 47 (3).
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and
collected by the commissioner general of the National Police Agency, the
commissioner of the local police agency or the superintendent of the police station
(hereafter in this Article referred to as the "competent authorities") depending on
the jurisdiction, under the conditions as determined by the Presidential Decree.
<Amended by Act No. 4369, May 31, 1991>
(3) Any person who is dissatisfied with the disposition of the fine for negligence as
referred to in paragraph (2), may make an objection against the competent
authorities within thirty days from the date on which he is informed of the
disposition.<Amended by Act No. 4154, Dec. 30, 1989>
(4) Where a person who has been subject to a disposition of the fine for negligence
under paragraph (2), has made an objection under paragraph (3), the competent
authorities shall notify it without delay to the competent court, and the competent
court which has been notified of shall bring the case of the fine for negligence to a
trial court under the Non-Contentious Case Litigation Procedure Act.
(5) Where no objection is made, or fine for negligence is paid, in the period as
referred to in paragraph (3), it shall be collected following the example of the
disposition of the national or local taxes in arrears.<Amended by Act No. 4789, Dec. 6,
1995>
Article 75 (Concurrent Imposition of Punishment)
In imposing punishment under Articles 70 through 73, the punishment of
imprisonment and fine may be imposed concurrently.
Article 76 (Joint Penal Provisions)
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「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
Where a representative of a juristic person, or an agent, servant, or employee of a
juristic person or an individual, commits any illegal act provided for in Articles 70
through 73 in connection with the affairs of the juristic person or the individual, the
fine as prescribed in the relevant Article shall be imposed not only on the violator but
also on the juristic person or the individual: Provided, That this shall not apply where
the juristic person or the individual has not neglected to give a due attention and
supervision to the relevant affairs in order to prevent such violation.
[This Article Wholly Amended by Act No. 9211, Dec. 26, 2008]
ADDENDA <No. 3876, 31. Dec, 1986>
This Act shall enter into force at the expiration of six months after its promulgation.
ADDENDA <No. 4154, 30. Dec, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1990.
Article 2 (Transitional Measures concerning Possession of Gas Sprayers or Electronic
Shock Machines)
Any person who possesses gas sprayers or electronic shock machines at the time of
entry into force of this Act and desires to continue to possess them after three
months from the date of the entry into force of this Act, shall obtain the permission
on possession within three months from the superintendent of the station having
jurisdiction over the domicile.
Article 3 (Transitional Measures concerning License for Person in Charge of Powders
Making Security)
Any person who has obtained the license for the person in charge of powders making
security from the Minister of Home Affairs, pursuant to the previous provisions,
prior to the entry into force of this Act shall be considered to have obtained the
license for the person in charge of powders making security from the Mayor/Do
governor.
Article 4 (Transitional Measures concerning Danger and Injury Preventive Rules and
Self-Safety Education Plans)
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「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
The maker of swords at the time of entry into force of this Act shall submit the
danger and injury preventive rules and the self-safety education plans to the
Mayor/Do governor to obtain the approval, and the maker of guns, the self-safety
education plans, respectively, within three months from the date of entry into force
of this Act.
Article 5 (Transitional Measures concerning Inspection on Completion)
Any facilities or equipment of a sales agency which has obtained the permission on
the sales business of the guns, swords and powders prior to the entry into force of
this Act shall be considered to have undergone the inspection on completion as
prescribed in Article 43.
ADDENDA <No. 4369, 31. May, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <No. 4989, 06. Dec, 1995>
(1) (Enforcement Date) This Act shall enter into force six months after its
promulgation.
(2) (Transitional Measures against Possessors of Gas Guns) Any person who
possesses gas guns at the time of the entry into force of this Act shall obtain the
permission on possession as prescribed in Article 12 from the superintendent of the
police station having jurisdiction over the domicile within three months from the date
of entry into force of this Act.
(3) (Transitional Measures against Possessors of Crossbows) Any person who
possesses crossbows at the time of entry into force of this Act shall obtain the
permission on possession as prescribed in Article 12 from the superintendent of the
police station having jurisdiction over the domicile within three months from the date
of the entry into force of this Act.
(4) (Transitional Measures concerning Application of Penal Provisions) The
application of the penal provisions concerning the acts prior to entry into force of
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「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
this Act shall be governed by the previous provisions.
ADDENDA <No. 5201, 30. Dec, 1996>
(1) (Enforcement Date) This Act shall enter into force three months after its
promulgation.
(2) (Transitional Measures concerning Terms of Chairman and Directors of
Association) The terms of the chairman and directors at the time of entry into force
of this Act shall be governed by the previous provisions.
ADDENDA <No. 5453, 13. Dec, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <No. 5938, 31. Mar, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <No. 6386, 26. Jan, 2001>
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(2) (Transitional Measures on Toy Fireworks) A person who keeps toy fireworks to
be stored under Article 24 at the time of enforcement of this Act shall store them in
a powders storage place under Articles 24 and 25 within 6 months after the
enforcement of this Act.
(3) (Transitional Measures on Dispositions, etc.) The activities such as permissions
by the commissioner of the local police agency under the previous provisions at the
time of enforcement of this Act, or the activities against the director of the local
police agency, shall be regarded respectively as the activities of the director of the
local police agency or the activities against him, corresponding to it.
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「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」
ADDENDA <No. 7428, 31. Mar, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <No. 7849, 21. Feb, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <No. 8852, 29. Feb, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <No. 9211, 26. Dec, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <No. 10219, 31. Mar, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
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