(1) When the head of an investigative agency that has requested emergency prohibition of departure requests approval for such emergency prohibition of departure pursuant to Article 4-6 (3) of the Act, he or she shall submit, to the Minister of Justice, a written request for approval for the emergency prohibition of departure accompanied by documents prescribed by Decree of the Ministry of Justice, such as a written opinion on examination signed by a public prosecutor and a report on the emergency prohibition of departure. <Amended on Dec. 29, 2020>
(2) Upon receipt of a request for approval for emergency prohibition of departure pursuant to paragraph (1), the Minister of Justice shall examine and decide whether to approve such emergency prohibition of departure and a period for the prohibition of departure from the Republic of Korea.
(3) If necessary for examining and deciding on a request under paragraph (2), the Minister of Justice may seek the opinion of or request related data from the head of the investigative agency that has requested approval.
(4) When the Minister of Justice decides not to approve the emergency prohibition of departure, he or she shall notify the head of the investigative agency that has requested approval for the emergency prohibition of departure of such decision, specifying the explicit grounds therefor.
(5) Where the Minister of Justice approves the emergency prohibition of departure, Articles 2-2, 2-3 (2) through (4), 3, 3-3 and 3-4 shall apply mutatis mutandis to requests for, examinations of, and decisions on extensions of the period for prohibition of departure, procedures for revoking the prohibition of departure, exclusion of written notice of decisions, etc. on the prohibition of departure, examinations of or decisions on objections. In such cases, the period for prohibition of departure shall be calculated from the time the emergency prohibition of departure is placed.[This Article Added on Jan. 13, 2012]