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Chapter 5 Conduct Assessment and Performance Evaluation
Article 28
The types of rewards and punishments for police personnel’s regular conduct assessment are subject to the regulations of the Civil Service Performance Evaluation Act.
If police personnel whose rewards in their regular conduct assessment have been recorded at two excellent merits after been offset by their reprimands, their APE shall not be graded below Grade A; whose rewards in their regular conduct assessment have been recorded at one excellent merit after been offset by their reprimands, their APE shall not be graded below Grade B, whose punishments in their regular conduct assessment have been recorded at one major reprimand after been offset by their merits, their APE shall not be graded above Grade C.
The reasons and range of rewards and punishments, supervision responsibility and the standards of other relevant matters shall be formulated by the Ministry of the Interior apart from being subject to the provisions prescribed in the Act.
Article 29
Police personnel with any of following conditions shall be suspended from post immediately:
1. Police personnel who have being prosecuted on charges of offenses against internal security or treason pending a verdict by the court of first instance.
2. Police personnel who have being prosecuted on charges of corruption, dereliction of duty or robbery pending a verdict by the court of first instance. However, dereliction of duty which carries a maximum sentence of three years shall be excluded.
3. Police personnel who have being prosecuted on charges of taking advantage of their posts to commit fraud, embezzlement, or intimidation pending a verdict by the court of first instance. However, an offence which carries a maximum sentence of three years shall be excluded
4. Police personnel have been found guilty by a court of law for having committed crimes specified in the preceding three subparagraphs and the verdicts are subject to appeal. Or Verdicts on the charged police personnel have been withdrawn and their cases are sent back to a court of lower instance for retrial or to be tried, and previously they have be found guilty by all courts of lower instance.
5. Police personnel have been sentenced to imprisonment by a court of law for having committed crimes other than those specified in Paragraph 1 to 3 without being grated probation or replacement of imprisonment by a fine. Or verdicts on the charged police personnel have been withdrawn and their cases are sent back to a court of lower instance for retrial or to be tried. The sentence by the court of previous instance is imprisonment and is still subject to appeal; no probation is declared and imprisonment sentence cannot be replaced by a fine.
6. Police personnel who have being wanted or been put in pre-trial detention. However, those who are wanted for offenses against the internal security or treasons, corruption and robbery shall be processed in accordance with regulations of Paragraph 2 or 3 of Article 31.
Police personnel whose violation of the law has been considered severe and been established by substantial evidence, may be suspended from post.
Police personnel who are subject to suspension from post in accordance with paragraph 1 are to be approved by appointing agencies or their authorized agencies and schools, whereas those specified in the preceding paragraph should be approved by the competent authorities.
Article 30
Police personnel who have been suspended from post should be reinstated if a decision of non-prosecution, deferred prosecution or a not guilty verdict is made and their administrative liabilities do not constitute statutory reasons for dismissal.
Police personnel who have been suspended from post may be entitled to reinstatement if any of the following conditions applies:
1. A not guilty verdict is handed down by a court and is subject to appeal.
2. Police personnel are sentenced to imprisonment which has been substituted by probation or a fine for having committed crimes other than those specified in Subparagraph 1 to 3 of the preceding Article’s Paragraph 1.
3. Police personnel who have been removed from a wanted list or been released do not have any of the conditions specified in Subparagraph 1 to 5 of Paragraph 1 and Paragraph 2 of the preceding Article.
Police personnel who have been reinstated in accordance with Subparagraph 1 and 2 of the preceding paragraph shall not be subject to Subparagraph 4 and 5 of the preceding Article’s paragraph 1 before their verdicts are finalized
The reinstatement of police personnel in accordance with Paragraph 1 and 2 of the Article shall be reviewed by authorities which approve their appointment or their authorized agencies or schools.
Article 30-1
Police personnel who are entitled to reinstatement in accordance with Paragraph 2 of the preceding Article shall apply for reinstatement in writing to the authorities or schools which originally approve their suspension from post.
The authorities or schools which originally approve police personnel’s suspension from post shall make the decision within two months after they receive the abovementioned applications. If necessary, the two-month period may be extended and the applicant shall be notified of the extension. Only one extension is allowed and the duration of extension shall not exceed two months.
Police personnel whose reinstatement has been approved shall resume their work within 30 days after they receive the reinstatement notice; failure to meet the deadline, except for grounds not attributable to the applicant, will lead to the revocation of the reinstatement notice and the continuation of suspension from post.
Article 31
Police personnel who have any of the following circumstances shall be dismissed from post by authorities which approve their appointment or their authorized agencies or schools:
1. Any of the conditions prescribed in Subparagraph 1, 2, and 7 of Paragraph 1 of Article 28 of the Civil Service Employment Act.
2. Having been convicted of or wanted for offenses against the internal security or treasons after the termination of Period of Mobilization for the Suppression of Communist Rebellion.
3. Having been convicted of or wanted for corruption or robbery.
4. Having committed crimes other than those specified in the preceding two subparagraphs and having been given a sentence of imprisonment or above without being granted probation; or being commuted to a fine or community service, or with the sentence being commuted to community service but the circumstances which make it necessary to execute the original sentence in accordance with the Paragraph 6 of Article 41 of the Criminal Code arise.
5. Having been declared deprivation of civil rights according to a criminal conviction.
6. Having one of the conditions that are punishable by two major reprimands in accordance with the Civil Service Performance Evaluation Act.
7. Having been wanted for crimes other than those specified in Subparagraph 2 and 3 of this Article for over six months and having not been removed from the wanted list yet.
8. Having been proved that they have intimidated or hurt their supervisors or colleagues with weapons and they thus have seriously damaged police reputation.
9. Having been substantially proved that they have used their positions to commit fraud or extortion and they thus have seriously damaged police reputation.
10. Having been substantially proved that they have used their positions to cover up theft, stolen goods, hoodlums, sex trade, gambling and they thus have seriously damaged police reputation.
11. Having accumulated in the same APE year, regular conduct assessment has recorded at a cumulative of two major demerits after their merits have been offset.
12. Having other circumstances that make them subject to dismissal from their posts or deprivation of their rights to work for the government in accordance with relevant laws.
The order of dismissal from post prescribed in the preceding paragraph’s Subparagraph 6 to 11 shall be enforced after the order is finalized. Before it is finalized, suspension from post shall be imposed first.
Police personnel who are subject to dismissal from post shall also be stripped of their ranks.
Article 32
In addition to provisions stipulated in this Act, regulations of “Civil Service Performance Evaluation Act” are also applicable for the police personnel's performance evaluation.
Article 33
Police personnel who have served in the positions within the same class without being promoted to a higher class or rank for more than ten years and have been advanced to the highest salary level of that class, are entitled to additional rewards listed as follows if their APE are graded as A or B:
1. Grade A: seniority pay advances to one level higher in addition to a bonus equivalent to 1.5 month’s salary; a bonus equivalent to two months’ salary for personnel whose seniority pay has advanced to the highest level.
2. Grade B: seniority pay advances to one level higher in addition to a bonus equivalent to one month’s salary; a bonus equivalent to 1.5 months’ salary for personnel whose seniority pay has advanced to the highest level.
Article 34
The APE shall be conducted in the following procedures:
1. The APE for police personnel at the National Police Agency and its subordinate police organizations, schools, county (city) police departments, and Central Police University shall be approved by the Ministry of the Interior or its authorized police organizations before being reviewed by the Ministry of Civil Service.
2. The APE for police personnel of the selected rank at a municipal police department shall be approved by its municipal government before being sent to the Ministry of the Interior, which will later refer it to the Ministry of Civil Service for review; The APE for the rest of police personnel shall be approved by its municipal government before being reviewed by the Ministry of Civil Service.