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STOWAWAYS CONTROL ACT

Act No. 831, Dec. 13, 1961

Amended by Act No. 1432, Nov. 1, 1963

Act No. 1618, Dec. 16, 1963

Act No. 2809, Dec. 31, 1975

Act No. 4147, Dec. 27, 1989

Act No. 7427, Mar. 31, 2005

Act No. 11807, May 22, 2013

Act No. 12421, Mar. 18, 2014

 Article 1 (Purpose)
The purpose of this Act is to prevent citizens of the Republic of Korea from stowing away illegally out of the Republic of Korea.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 2 (Definition of Terms)
The definitions of terms used in this Act shall be as follows:
1. The term "stowing away" means a passage or border transgression to a location out of the Republic of Korea without passports or seamen's or other valid certificates necessary for departure from the country which are issued by the relevant authorities;
2. The term "deserting a vessel or airplane" means one's leaving, without permission, a ship or airplane which he/she has boarded out of the Republic of Korea, or failing to return to the ship or airplane by the time designated by the captain or the person in charge.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 3 (Stowing Away, Deserting Vessels, etc.)
(1) A person who stows away on or deserts a vessel or airplane shall be punished by imprisonment for not exceeding three years or by a fine not exceeding 20 million won.
(2) Any attempt to commit a crime specified in paragraph (1) shall also be punished.
(3) Any person who plots or conspires to commit a crime specified in paragraph (1) shall be punished by imprisonment for not exceeding one year or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 4 (Aiding in or Abetting Stowing Away, etc.)
(1) Any person who aids or abets an offence referred to in Article 3 (1) shall be punished by imprisonment for not exceeding three years or by a fine not exceeding 20 million won.
(2) Any person who commits an offence referred to in paragraph (1) for profit shall be punished by imprisonment for not exceeding five years or by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 4-2 (Confiscation and Collection)
(1) In cases falling under Article 3 or 4, a vessel or other instrument provided or intended to be provided for the relevant crime and which does not belong to a person, other than the offender, may be confiscated.
(2) In cases falling under Article 4 (2), any remuneration received or promised shall be confiscated. In such cases, if impracticable to confiscate the relevant remuneration, an amount equivalent thereto shall be collected.
[This Article Newly Inserted by Act No. 11807, May 22, 2013]
 Article 5 (Aggravated Punishment)
A person who habitually commits a crime specified in Article 3 or 4 shall be punished by aggravating the punishment for such crime by up to 1/2 of the pending punishment thereon.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 6 (Mitigation, Waiver, etc. of Punishment)
(1) When a person who has stowed away on or deserted a vessel or airplane surrenders voluntarily to a Korean mission in a foreign country or has returns, or when a person who has started to stow away on or desert a ship or airplane surrenders voluntarily to the relevant investigative agency, captain, or any other person in charge, the punishment may be mitigated or waived.
(2) No aid and abetment specified in Article 3 (1) shall be punished if such offence is committed for lineal blood relatives, spouse, relatives living together of the offender, or a spouse of any of the aforementioned.
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Article 7 (Notification of Cases, etc.)
(1) When a judicial police officer has investigated any case involving a violation of this Act, he/she shall promptly notify the head of the competent regional office of immigration and foreigner-related affairs thereof. <Amended by Act No. 12421, Mar. 18, 2014>
(2) In cases falling under paragraph (1), the head of the relevant investigative agency shall comply with a request from the head of a regional office of immigration and foreigner-related affairs to submit the data necessary for performing immigration control affairs. <Amended by Act No. 12421, Mar. 18, 2014>
[This Article Wholly Amended by Act No. 11807, May 22, 2013]
 Articles 8 and 9 Deleted. <by Act No. 4147, Dec. 27, 1989>
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1432, Nov. 1, 1963>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1618, Dec. 16, 1963>
This Act shall enter into force 20 days after the date of its promulgation.
ADDENDUM <Act No. 2809, Dec. 31, 1975>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4147, Dec. 27, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11807, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
Application of penalty provisions against offences committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 12421, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.