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【Main Issues and Holdings】
[1] Purpose of the Act on the Safety Management of Guns, Swords, and Explosives requiring a person who intends to import guns, swords, etc. to obtain an import permit
Whether the obligation to obtain an import permit for guns, swords, explosives, etc. under Article 9(1) and (2) of the Act on the Safety Management of Guns, Swords, and Explosives can be seen to be also waived on the sole basis of the circumstance that members of the United States Forces Korea (USFK) may be exempt from the imposition of customs duties and other such charges or customs examination in accordance with Article 9 of the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, which is the provision on customs and duties, (SOFA Agreement) (negative)
[2] In a case where the criminal defendant was indicted on charges of violating the Act on the Safety Management of Guns, Swords, and Explosives on the grounds that the criminal defendant, a soldier belonging to the United States Forces Korea (USFK), imported a handgun and a sword, corresponding to personal items, without the authorization of the competent authorities by concealing these items inside moving boxes at his or her residence in the United States and shipping them to his or her quarters within a military base in Korea, the case holding that the above handgun and sword constitute “gun” and “sword,” as defined under Article 2(1) and (2) of the same Act, respectively, and even though the criminal defendant’s act of bringing these items into Korea through the Port of Busan constitutes an act of importing guns, swords, etc., the criminal defendant’s failure to obtain permission from the Commissioner General of the Korean National Police Agency or the commissioner of a City/Do police agency in accordance with the same Act in relation thereto constitutes a violation of Article 9(1) and (2) of the same Act
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