전자장치 부착 등에 관한 법률 시행규칙 일부개정이 바꾸는 절차와 기준 — 제1조·제2조 문언 정리

무엇이 바뀌었나

The reasons for the partial amendment of the Enforcement Rule of the Act on the Attachment of Electronic Monitoring Devices, etc. (Ministry of Justice Order, promulgated 2026-10-01, entered into force 2026-10-02), published on the National Law Information Center, state as follows: In order to separate investigation and prosecution, the Government Organization Act was amended to abolish the Prosecutors' Office and establish the Prosecution Service under the jurisdiction of the Minister of Justice (Act No. 21065, promulgated October 1, 2025, entered into force October 2, 2026), and in accordance therewith, the Prosecution Service Act was enacted to prescribe matters necessary for the organization, scope of duties, personnel affairs, and operation of the Prosecution Service (Act No. 21490, promulgated March 24, 2026, entered into force on October 2), and accordingly the purpose is to reorganize the names related to the former Prosecutors' Office. <Provided by the Ministry of Justice>

This partial amendment aligns the subjects, procedures, and terminology of the relevant provisions (Article 1, Article 2, and Article 3) to accord with amendments to higher-level statutes or institutional reorganization. No effect beyond the scope of the provisions set out in the original text is conjectured.

조문으로 확인할 것

Readers may directly compare the pre-amendment and post-amendment texts of Article 1, Article 2, and Article 3 in the table comparing old and new provisions and in the reasons for enactment and amendment at the National Law Information Center source link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290567). In particular, how the authority holder, the counterparties to notification and enforcement, and the requirement wording have changed must be read with distinctions made at the sentence level.

What standard the transitional provisions (Addendum) between the promulgation date (2026-10-01) and the enforcement date (2026-10-02) apply to procedures already in progress or to facts that arose previously must also be verified by comparing the main text and the Addendum together.

입법에 묻는 것

How does the text of this partial amendment of the Enforcement Rule of the Act on the Attachment of Electronic Monitoring Devices, etc. change or specify who becomes the subject of judgment and enforcement, and on what criteria, in practice and procedure? Does the reorganization of terminology and the provision system maintain continuity with the rights and obligations relations of the preceding procedure, or does it require separate interpretive standards?

When the amended Article 1, Article 2, and Article 3 are applied to actual case Records and disposition procedures after the enforcement date (2026-10-02), what remains to be additionally clarified in subordinate regulations or enforcement guidelines with respect to the parties' right of defense or right to participate in procedure, or channels for raising objections?

다시 볼 조건

If a subsequent amendment of the Enforcement Rule of the Act on the Attachment of Electronic Monitoring Devices, etc., or further reorganization of related higher-level Acts, Enforcement Decrees, or Enforcement Rules, is promulgated, this note will be rewritten. At that time, the changed provision numbers and the point of application of the Supplementary Provisions will be re-compared against the source and updated.