Government legislation ministry says police can act before border crimes occur

The Ministry of Government Legislation said May 19 that police officers operating in South Korea's border regions can take preventive measures, such as issuing warnings or stopping individuals, before specific illegal acts actually occur.

The ruling addresses whether Article 6 of the Act on the Performance of Duties by Police Officers applies in border zones prior to offenses defined under Article 6-2. The ministry concluded that officers retain authority to intervene when actions violating the Framework Act on Disaster and Safety Management or the Aviation Safety Act are imminent.

The interpretation stems from a query submitted by the National Police Agency regarding the scope of police powers in these sensitive areas. The ministry noted that while the literal text of the law refers to cases where an act has occurred, a comprehensive reading of the statute's purpose supports a broader application. The legislative intent behind the recent amendment was explicitly to enable the prevention of crimes in restricted zones.

The ministry rejected arguments that applying these measures before an act occurs would constitute an impermissible extension of the law, stating that the nature of a warning or restraint is inherently preventive. It further reasoned that because the targeted behaviors are punishable criminal acts under existing statutes, intervening before they materialize aligns with the provision's title, "Prevention and Restraint of Crimes in Border Areas."

The revised provisions, which added Article 6-2 to the police duties act, were passed on December 30, 2025, and are scheduled to take effect on July 1, 2026.