(1) Where an investigative agency has reasonable grounds to suspect that a person has committed a crime subject to death penalty, imprisonment with labor for an indefinite term or imprisonment of at least three years with or without labor, and there is an urgent need in any of the following circumstances, the investigative agency may request an immigration control official conducting departure inspections to prohibit the person from departing from the Republic of Korea, notwithstanding Article 4(3):
1. Where a suspect is likely to destroy evidence;
2. Where a suspect has fled or is likely to flee.
(2) Upon receipt of a request prohibiting a person from departing from the Republic of Korea under paragraph (1), no immigration control official shall permit the person to depart from the Republic of Korea when conducting a departure inspection.
(3) An investigative agency shall lodge a request for approval with the Minister of Justice within six hours of making a request for emergency prohibition of departure from the Republic of Korea pursuant to paragraph (1). In such cases, such request shall be accompanied by a written opinion on examination signed by a public prosecutor and a report on the emergency prohibition of departure from the Republic of Korea stating the short summary of a crime, grounds for the emergency prohibition of departure from the Republic of Korea. <Amended on Oct. 20, 2020>
(4) Where an investigative agency fails to lodge a request for approval for emergency prohibition of departure from the Republic of Korea under paragraph (3), the Minister of Justice shall revoke the prohibition of departure from the Republic of Korea in force at the request made by the investigative agency under paragraph (1). The same shall also apply where the investigative agency fails to obtain approval for emergency prohibition of departure from the Republic of Korea from the Minister of Justice within 12 hours of lodging a request for approval.
(5) Where the prohibition of departure from the Republic of Korea is revoked pursuant to paragraph (4), no investigative agency shall re-request the emergency prohibition of departure from the Republic of Korea based on the same crime.
(6) Procedures for requesting the emergency prohibition of departure from the Republic of Korea, preparation of reports thereon and other necessary matters shall be prescribed by Presidential Decree.[This Article Added on Jul. 18, 2011]