CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT · 2017. 2. 20. · 「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」 CHAPTER II MANUFACTURE, SALE ETC. OF GUNS, SWORDS, POWDERS,

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



(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.



(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]



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



(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;



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>



(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".


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



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;



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



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



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



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.



(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



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



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



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;



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>


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.



(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.




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



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



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.



(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



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



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.



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.


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



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



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;



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



taken on the previous powders storage place installer.


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>



(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)



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.


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



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)



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>



1. Technical support, survey and research and study on the safety of the guns,


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,


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,


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.



(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;



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)



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.


(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



Article 66 (Reports on Closure and Discontinuance of Business)



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


<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



(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>



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.



imprisonment for not more than three years, or a fine of not exceeding seven 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 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.



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;



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)



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.


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)



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>


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



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>


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.



ADDENDA <No. 7428, 31. Mar, 2005>


This Act shall enter into force one year after the date of its promulgation.


ADDENDA <No. 7849, 21. Feb, 2006>


This Act shall enter into force on July 1, 2006. (Proviso Omitted.)


ADDENDA <No. 8852, 29. Feb, 2008>


This Act shall enter into force on the date of its promulgation. (Proviso 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>


This Act shall enter into force on January 1, 2011.


Documents

CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT · 2017. 2. 20. · 「CONTROL OF FIREARMS, SWORDS, EXPLOSIVES, ETC. ACT」 CHAPTER II MANUFACTURE, SALE ETC. OF GUNS, SWORDS, POWDERS,