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ACT ON SPECIAL MEASURES FOR THE CRIMES INVOLVED WITH MILITARY SUPPLIES, ETC.

Act No. 1769, Mar. 29, 1966

Amended by Act No. 9842, Dec. 29, 2009

Act No. 13719, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to stipulate matters concerning punishment, etc. of crimes involved with military supplies, etc.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
 Article 2 (Scope of Application)
(1) This Act shall apply to crimes involved with military supplies, etc. of the Republic of Korea Armed Forces, and foreign armed forces engaged in joint military operations with the Republic of Korea Armed Forces.
(2) The scope of military supplies governed by this Act shall be goods specifically designed for military purposes, and which fall under any of the following subparagraphs:
1. Military supplies enumerated in attached Table;
2. Military supplies that are classified as military secrets under the Military Secret Protection Act (including confidential books, confidential maps and confidential research equipment and materials);
3. Auxiliary equipment necessary to manage military supplies under subparagraph 1 (including equipment that can be loaded or installed), accessories for repair, components, parts and materials, which are marked with "military use";
4. Other specially manufactured military supplies provided for military purposes, which are equipment for investigation, testing and repairing of the military supplies under subparagraph 1.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
 Article 3 (Aggravation of Punishment in cases of Crimes Involved with Military Supplies)
(1) A person who commits any of the following crimes shall be punished by imprisonment for life or for not less than one year:<Amended by Act No. 13719, Jan. 6, 2016>
1. Crimes under Articles 329 through 331, 331-2, 332, 333, 335 (limited to cases following the precedence under Article 333; hereafter the same shall apply in this subparagraph), 336, 342 (limited to attempts under Articles 329 through 331, 331-2, 332, 333, 335, and 336) and 343 of the Criminal Act among Chapter 38 of Part II of the Criminal Act;
2. Crimes under Articles 347, 350, 350-2, 351 (limited to habitual offenders under Articles 347, 350, and 350-2; hereafter the same shall apply in this subparagraph) and 352 (limited to attempts under Articles 347, 350 and 351) of the Criminal Act among Chapter 39 of Part II of the Criminal Act;
3. Crimes under Articles 355 (1), 356 (limited to crimes under Article 355 (1) in violation of the duties of the operation; hereafter the same shall apply in this subparagraph), 357, 359 (limited to attempts under Article 355 (1), 356, and 357) and 360 of the Criminal Act among Chapter 40 of Part II of the Criminal Act;
4. Crimes under Articles 362, 363 (1) and 364 of the Criminal Act among Chapter 41 of Part II of the Criminal Act.
(2) Notwithstanding paragraph (1), a person who commits any of the crimes under each subparagraph of paragraph (1) with respect to military food, military clothing, and oil for military use pursuant to the provisions of attached Table among military supplies shall be subject to the punishment under paragraph (1) only in cases where the person falls under any of the following cases:
1. Where the person commits crimes collectively or habitually;
2. Where the value of an item is not less than ten million won;
3. Where the military supplies is an item exceeding 1,000 kilograms or oil exceeding 2,000 liters.
(3) In cases of crimes under paragraphs (1) and (2), suspension of qualification for not more than ten years (limited to cases where imprisonment for a limited term is sentenced) or a fine not exceeding 30 million won may be imposed concurrently.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
 Article 4 (Intrusion into Military Facilities, etc.)
(1) A person who trespasses into a military fortress, military camp, military ship, aircraft, factory, building, facility, or a place which is marked with "military use" shall be punished by imprisonment of not more than five years or by the imposition of a fine not exceeding ten million won.
(2) A person who refuses to comply with a request to leave the place prescribed in paragraph (1) shall be punished pursuant to the provisions of paragraph (1).
(3) An attempted crime under paragraphs (1) and (2) shall be subject to punishment.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
 Article 5 (Relation with other Acts)
If any punishment heavier than the punishment prescribed in this Act is prescribed in any other Act, such heavier punishment shall be imposed.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
 Article 6 (Prosecutor's Direction, etc. of Investigation)
(1) A person who performs the duties of a judicial police official pursuant to Article 9 (1) of the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope of their Duties shall, when he/she conducts a criminal investigation on a person to whom the Military Criminal Act is not applicable and who is suspected to have violated this Act (hereinafter referred to as "suspect"), obtain the orders from the prosecutor in advance, and shall follow official orders issued by the prosecutor: Provided, That if obtaining such an order from the prosecutor in advance is impossible, such as in cases of a flagrant offender or an emergency, the person shall promptly obtain an order from the prosecutor after such fact.
(2) The chief prosecutor of the District Public Prosecutor's Office or the District Public Prosecutor's Branch Office may, if he/she considers it necessary to investigate an illegal arrest against the suspect, require that a prosecutor under his/her authority inspect the place where the suspect has been arrested by the military investigation authorities, and the inspecting prosecutor may interrogate the suspect and review the documents concerning the arrest of the suspect.
(3) If the prosecutor finds substantial evidence which convinces him/her that the suspect has been illegally arrested, the prosecutor may order the military investigation authorities to immediately send the case of the suspect to the Prosecutors' Office.
[This Article Wholly Amended by Act No. 9842, Dec. 29, 2009]
ADDENDUM
This Act shall enter into force on the 30th day following the date of its promulgation.
ADDENDUM <Act No. 9842, Dec. 29, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13719, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. <Proviso Omitted>
Article 2 and 3 Omitted.