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ACT ON SPECIAL CASES CONCERNING THE PRESCRIPTION FOR PUBLIC PROSECUTION, ETC. AGAINST CRIMES DISRUPTING CONSTITUTIONAL ORDER

Act No. 5028, Dec. 21, 1995

Amended by Act No. 10181, Mar. 24, 2010

Act No. 13722, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters regarding non-application, etc. of the prescription for public prosecution against crimes disrupting constitutional order committed with intent to endanger the continued existence of the Constitution of the Republic of Korea or to disrupt constitutional order, so as to protect the basic free and democratic order of the Constitution of the Republic of Korea.
[This Article Wholly Amended by Act No. 10181, Mar. 24, 2010]
 Article 2 (Definition)
The term "crimes disrupting constitutional order" used in this Act means crimes involving insurrection and crimes involving foreign aggression listed in Chapters I and II of Part II of the Criminal Act, and crimes of rebellion and crimes of benefiting an enemy listed in Chapters I and II of Part II of the Military Criminal Act.
[This Article Wholly Amended by Act No. 10181, Mar. 24, 2010]
 Article 3 (Non-Application of Prescription for Public Prosecution)
With respect to the crimes referred to in each of the following subparagraphs, the prescription for public prosecution provided in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply:
1. Crimes disrupting constitutional order under Article 2;
2. Crimes provided in Article 250 of the Criminal Act, which correspond to genocide referred to in the Convention on the Prevention and Punishment of the Crime of Genocide.
[This Article Wholly Amended by Act No. 10181, Mar. 24, 2010]
 Article 4 (Special Cases concerning Application for Ruling)
(1) Where a person who has filed a complaint or accusation in regard to any crime referred to in Article 2 is notified that the competent public prosecutor or military prosecutor will not institute a public prosecution, he/she may apply for a ruling on whether the decision not to institute the public prosecution is proper to the High Court or High Military Court corresponding to the high public prosecutor's office or high military prosecutor's office to which the public prosecutor or military prosecutor belongs. <Amended by Act No. 13722, Jan. 6, 2016>
(2) With respect to an application for a ruling under paragraph (1), the corresponding provisions of the Criminal Procedure Act or the Military Court Act shall apply.
[This Article Wholly Amended by Act No. 10181, Mar. 24, 2010]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10181, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13722, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.