ACT ON THE AGGRAVATED PUNISHMENT OF SPECIFIC CRIMES
Act No. 1744, Feb. 23, 1966
Amended by Act No. 2032, Jul. 15, 1968
Act No. 2550, Feb. 24, 1973
Act No. 3280, Dec. 18, 1980
Act No. 3717, Dec. 31, 1983
Act No. 3744, Aug. 4, 1984
Act No. 4090, Mar. 25, 1989
Act No. 4206, Jan. 13, 1990
Act No. 4291, Dec. 31, 1990
Act No. 4702, Jan. 5, 1994
Act No. 4760, jun. 28, 1994
Act No. 4962, Aug. 4, 1995
Act No. 5056, Dec. 29, 1995
Act No. 5341, Aug. 22, 1997
Act No. 5454, Dec. 13, 1997
Act No. 6040, Dec. 28, 1999
Act No. 6146, Jan. 12, 2000
Act No. 6305, Dec. 29, 2000
Act No. 6664, Mar. 25, 2002
Act No. 7226, Oct. 16, 2004
Act No. 7545, May 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 7654, Aug. 4, 2005
Act No. 7767, Dec. 29, 2005
Act No. 8169, Jan. 3, 2007
Act No. 8727, Dec. 21, 2007
Act No. 9169, Dec. 26, 2008
Act No. 9919, Jan. 1, 2010
Act No. 10210, Mar. 31, 2010
Act No. 11136, Dec. 31, 2011
Act No. 11731, Apr. 5, 2013
Act No. 11955, Jul. 30, 2013
Act No. 13351, jun. 22, 2015
Act No. 13440, Jul. 24, 2015
Act No. 13717, Jan. 6, 2016
Act No. 14474, Dec. 27, 2016
Act No. 15981, Dec. 18, 2018
Act No. 16829, Dec. 24, 2019
Act No. 16922, Feb. 4, 2020
[This Article Wholly Amended on Mar. 31, 2010]
| Article 2 (Aggravated Punishment for Bribery) |
| (1) | Any person who commits a crime specified in Article 129, 130, or 132 of the Criminal Act, shall be punished aggravatingly, depending on the amount of the bribery which the person receives, demands, or promises (hereinafter referred to as "amount of the accepted bribery" in this Article), as follows: |
| 1. | Where the amount of the accepted bribery is not less than 100 million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than 10 years; |
| 2. | Where the amount of the accepted bribery is not less than 50 million won but less than one hundred million won, the person shall be punished by imprisonment with labor for a limited term of not less than seven years; |
| 3. | Where the amount of the accepted bribery is not less than 30 million won but less than 50 million won, the person shall be punished by imprisonment with labor for a limited term of not less than five years. |
| (2) | Any person who has committed a crime specified in Articles 129, 130, or 132 of the Criminal Act shall be concurrently sentenced to the punishment prescribed for the relevant crime (including the cases under paragraph (1)) and to pay a fine which is not less than two times but not more than five times the amount of the accepted bribery. |
[This Article Wholly Amended on Mar. 31, 2010]
<Under the decision of limited unconstitutionality by the Constitutional Court made on Dec. 27, 2012, this paragraph is unconstitutional insofar as “public official” provided for in Article 129 (1) of the Criminal Act referred to in this paragraph is interpreted to include a commissioned member from among the members of the Jeju Self-Governing Province Integrated Deliberative Committee on the Impact Assessment established under Article 299 (2) of the previous Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (the previous Act referring to the Act which had not yet been amended by Act No. 8566, promulgated on Jul. 27, 2007)>
| Article 3 (Acceptance of Bribe for Mediation) |
Any person who receives, demands, or promises any money or interest in connection with a mediation of matters belonging to the duties of a public official, shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 10 million won.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 4 (Extension of Applicability of Bribery) |
| (1) | In applying Articles 129 through 132 of the Criminal Act, the executive officers of the agencies or organizations prescribed by Presidential Decree from among the following agencies or organizations shall be deemed public officials: |
| 1. | The agencies or organizations, not less than half of the capital of which has been invested by the State or a local government directly or indirectly, or not less than half of the basic assets of which have been comprised of the financial support such as contributions and subsidies made by the State or a local government; |
| 2. | The agencies or organizations which have significant impact on the national economy and industries, and upon operations of which the State or a local government exercises direction, supervision, or substantial control, such as in important decision-making and appointment and dismissal of officers, through the exercise of shareholders' rights, due to the significant public nature of their affairs, as prescribed by the statutes. |
| (2) | The scope of the executive officers referred to in paragraph (1) shall be prescribed by Presidential Decree by taking into consideration the purpose of establishment, assets, the number of employees, and the specific duties of the relevant executive officers of the agencies or organizations referred to in paragraph (1). |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 4-2 (Aggravated Punishment of Arrest and Confinement) |
| (1) | Any person who commits a crime provided for in Article 124 or 125 of the Criminal Act, resulting in the injury of any person, shall be punished by imprisonment with labor for a limited term of not less than a year. |
| (2) | Any person who commits a crime provided for in Article 124 or 125 of the Criminal Act, resulting in the death of any person, shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than three years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 4-3 (Aggravated Punishment of Divulgence of Secret on Official Duties) |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5 (Loss of National Treasury) |
If a person who is provided for in subparagraph 1, 2, or 4 (limited to a person who assists the person provided for in subparagraph 1 or 2 and who is in charge of part of the accounting affairs) of Article 2 of the Act on Liability of Accounting Personnel commits the crime referred to in Article 355 of the Criminal Act in relation with his duties, with the recognition that it might cause any loss to the national treasury or the local governments, such person shall be subject to aggravated punishment as follows: | 1. | Where the loss to the national treasury or the local governments is not less than 500 million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 2. | Where the loss to the national treasury or the local governments is not less than 100 million won but less than 500 million won, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5-2 (Aggravated Punishment of Kidnapping and Inducement) |
| (1) | Any person who commits a crime provided for in Article 287 of the Criminal Act against a minor under 13 years of age shall be punished aggravatingly depending on the purpose of the kidnapping or inducement as follows: <Amended on Jan. 6, 2016> |
| 1. | Where a person commits the crime with the purpose of gaining any goods or interest on property, taking advantage of the anxiety of the parents of the kidnapped or induced minor, or of other person who is anxious about the safety of the minor, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 2. | Where a person commits the crime with the purpose of killing the kidnapped or induced minor, the person shall be punished by capital punishment, by imprisonment with labor for an indefinite term, or by imprisonment with labor for not less than seven years. |
| (2) | If a person who has committed a crime provided for in Article 287 of the Criminal Act commits any of the following acts against a minor under 13 years of age, the person shall be punished aggravatingly as follows: <Amended on Jan. 6, 2016> |
| 1. | Where a person acquires or demands any goods or interest on property, taking advantage of the anxiety of the parents of the kidnapped or induced minor, or of other person who is anxious about the safety of the minor, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than 10 years; |
| 2. | Where a person kills the kidnapped or induced minor, the person shall be punished by capital punishment or by imprisonment with labor for an indefinite term; |
| 3. | Where a person assaults, injures, confines, or abandons the kidnapped or induced minor, or commits any cruel act against the minor, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 4. | Where a person commits a crime provided for in subparagraph 3 resulting in the death of the minor, the person shall be punished by capital punishment, by imprisonment with labor for an indefinite term, or by imprisonment with labor for not less than seven years. |
| (3) | Any person who prevents the kidnapped or induced minor from returning home, by concealment or any other way, or by aiding and abetting the person who commits the crime referred to in paragraph (1) or (2) shall be punished by imprisonment with labor for a limited period of not less than five years. |
| (4) | Deleted. <Apr. 5, 2013> |
| (5) | Deleted. <Apr. 5, 2013> |
| (6) | Any person who attempts to commit a crime provided for in paragraphs (1), (2) (excluding paragraph (2) 4) shall be punished. <Amended on Apr. 5, 2013> |
| (7) | Any person who conceals a person who commits a crime specified in paragraphs (1) through (3) and (6), or enables such person to flee shall be punished by imprisonment with labor for a limited term of not less than 3 years but not more than 25 years. |
| (8) | Any person who makes the preparation or conspiracy with the intent to commit a crime referred to in paragraph (1) or (2) 1 and 2 shall be punished by imprisonment with labor for a limited term of not less than one year but not more than 10 years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5-3 (Aggravated Punishment for Driver of Hit-and-Run Vehicle) |
| 1. | Where the person runs away after the death of the victim, or the victim dies after the person's running away, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor not less than five years; |
| 2. | Where the victim is injured, the person shall be punished by imprisonment with labor for a limited term of not less than one year or by a fine of not less than 5 million won but not more than 30 million won. |
| (2) | If the accident-causing driver removes the victim from the accident scene and runs away after abandoning the victim, the person shall be subject to the following aggravated punishments: |
| 1. | Where the person runs away after the death of the victim, or the victim dies after person's running away, the person shall be punished by capital punishment, by imprisonment with labor for an indefinite term, or by imprisonment with labor of not less than five years; |
| 2. | Where the person injures the victim, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5-4 (Aggravated Punishment of Habitual Larceny, and Robbery) |
| (1) | Deleted. <Jan. 6, 2016> |
| (2) | Any person who habitually commits or attempts to commit a crime provided for in Articles 329 through 331 jointly with five or more persons shall be punished by imprisonment with labor for not less than two years but not more than 20 years. <Amended on Jan. 6, 2016> |
| (3) | Deleted. <Jan. 6, 2016> |
| (4) | Deleted. <Jan. 6, 2016> |
| 1. | Any person who commits a crime provided for in Articles 329 through 331 of the Criminal Act (including attempts to commit the crime) shall be punished by imprisonment with labor for not less than two years but not more than 20 years; |
| 3. | Any person who commits a crime provided for in Article 362 of the Criminal Act shall be punished by imprisonment with labor for not less than two years but not more than 20 years. |
| (6) | Where any person, who was sentenced to imprisonment with labor two or more times for a crime provided for in Articles 329 through 331 of the Criminal Act or an attempt thereof, or for a crime provided for in paragraph (2), and for whom the execution thereof has been completed or exempted, habitually commits again a crime provided for in Articles 329 through 331 of the Criminal Act or makes an attempt thereof, or commits a crime provided for in paragraph (2), he/she shall be punished by imprisonment with labor for not less than three years but not more than 25 years. <Amended on Jan. 6, 2016> |
[This Article Wholly Amended on Mar. 31, 2010]
[Paragraph (1) of this Article is deleted by Act No. 13717 promulgated on Jan. 6, 2016, following the decision of unconstitutionality made by the Constitutional Court on Feb. 26, 2015]
[Paragraph (6) of this Article is amended by Act No. 13717 promulgated on Jan. 6, 2016, following the decision of unconstitutionality made by the Constitutional Court on Nov. 26, 2015]
| Article 5-5 (Aggravated Punishment of Second Offender of Injury Resulting from Robbery) |
Any person who was sentenced to any punishment for a crime prescribed in Article 337 or 339 of the Criminal Act, or an attempt thereof, again commits the crime within three years after the execution of the sentence is completed or exempted, shall be punished by capital punishment, by imprisonment with labor for an indefinite term, or by imprisonment with labor for not less than 10 years. [This Article Wholly Amended on Mar. 31, 2010]
| Article 5-6 Deleted. <1994. 1. 5.> |
| Article 5-7 Deleted. <1994. 1. 5.> |
| Article 5-8 Deleted. <2013. 4. 5.> |
| Article 5-9 (Aggravated Punishment of Retaliatory Crime) |
| (1) | If any person commits a crime prescribed in Article 250 (1) of the Criminal Act, with the intent to retaliate against offering clues for any criminal investigation, such as accusation and complaint, making a statement, testifying, or presenting materials, in connection with the investigation or trial of the person's or another person's criminal case, the person shall be punished by capital punishment, by imprisonment with labor for an indefinite term, or by imprisonment with labor for not less than 10 years. The same shall apply where the person commits a crime with intent to prevent offering clues for the criminal investigation, such as accusation and complaint, making a statement, testifying or presenting materials, to make any accusation or complaint withdrawn, or to make a false statement, testimony, or presentation of false materials. |
| (3) | Any person who commits a crime, among those referred to in paragraph (2), as provided for in Article 257 (1), 260 (1), or 276 (1) of the Criminal Act, resulting in the death of a person, shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than three years. |
| (4) | Any person who compels an interview or wields any power to other persons who know any necessary fact in connection with the investigation or trial of his/her criminal case or another person's criminal case or their relatives, without any justifiable reason, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding three million won. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5-10 (Aggravated Punishment of Violence Used against Drivers Operating Motor Vehicles) |
| (1) | Any person who uses violence against or threatens a driver operating motor vehicle (including cases where a driver driving a motor vehicle being used for passenger transport business defined in subparagraph 3 of Article 2 of the Passenger Transport Service Act temporarily stops the motor vehicle in order for passengers to board, alight, etc. such motor vehicle) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won. <Amended on Jun. 22, 2015> |
| (2) | Any person who commits a crime referred to in paragraph (1), resulting in the injury of any other person, shall be punished by imprisonment with labor for a limited term of not less than three years, and in cases of resulting in the death of any other person, shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 5-11 (Death and Injury due to Dangerous Driving) |
| (1) | Any person who causes injury to any other person by driving a motor vehicle (including a motorcycle) under the influence of alcohol or drugs, shall be punished by imprisonment with labor for not less than one year but not more than 15 years or by a fine of not less than 10 million won but not more than 30 million won, and a person who causes death of any other person by doing the same shall be punished by imprisonment with labor for an indefinite term or not less than three years.. <Amended on Dec. 18, 2018; Feb. 2, 2020> |
| (2) | Any person who causes injury to any other person by operating, instructing the operation of the steering gear of, or piloting a vessel prescribed in Article 41 (1) of the Maritime Safety Act for sailing under the influence of alcohol or drugs shall be punished by imprisonment with labor for not less than one year but not more than 15 years, or by a fine not less than 10 million won but not more than 30 million won, and any person who causes death by doing the same shall be punished by imprisonment with labor for an indefinite term or not less than three years. <Newly Inserted on Feb. 4, 2020> |
[This Article Wholly Amended on Mar. 31, 2010]
[Title Amended on Feb. 4, 2020]
| Article 5-12 (Aggravated Punishment to Captain and Crew on Vessel for Running Away) |
If a captain or any of the crew of a vessel who commits the crime specified in Article 268 of the Criminal Act due to the traffic of a vessel defined in Article 2 of the Marine Safety Act runs away without taking steps as provided for in the proviso to Article 18 (1) of the Act on the Search and Rescue at Sea and in the River, such as aiding a victim, the person shall be subject to the following aggravated punishments: <Amended on Jun. 24, 2015> | 1. | Where the person runs away after the death of the victim, or the victim dies after the person's running away, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor not less than five years; |
| 2. | Where the victim is injured, the person shall be punished by imprisonment with labor for a limited term of not less than one year or by a fine of not less than 10 million won but not more than 100 million won. |
[This Article Newly Inserted on Jul. 30, 2013]
| Article 5-13 (Aggravated Punishment for Death of and Injury to Child in Protection Area for Children) |
| 1. | Where the crime causes death of a child, the driver shall be punished by imprisonment with labor for an indefinite term or not less than three years; |
| 2. | Where the crime causes injuries to a child, the driver shall be punished by imprisonment with labor for not less than one year but not more than 15 years or by a fine of not less than five million won but not more than 30 million won. |
[This Article Newly Inserted on Dec. 24, 2019]
| Article 6 (Aggravated Punishment of Offense against the Customs Act) |
| 1. | Where the value of the exported or imported goods (hereinafter referred to as "value of goods" in this Article) is not less than one hundred million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than seven years; |
| 2. | Where the value of goods is not less than 30 million won but less than 100 million won, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
| 1. | Where the cost of the imported goods is five hundred million won or more, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 2. | Where the cost of the imported goods is not less than 200 but less than 500 million won, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
| (3) | Any person who commits a crime provided for in Article 269 (3) of the Customs Act, where the cost of the exported or returned goods is not less than five hundred million won, the person shall be punished by imprisonment with labor for a limited term of not less than one year. |
| 1. | Where the amount of tax abated, dodged, evaded, or refunded is not less than two hundred million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 2. | Where the amount of tax abated, dodged, evaded, or refunded is not less than 50 million won and less than 200 million won, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
| 1. | Where the cost of the imported goods is not less than five hundred million won, the person shall be punished by imprisonment with labor for a limited term of not less than three years; |
| 2. | Where the cost of the imported goods is not less than 200 million and less than 500 million won, the person shall be punished by imprisonment with labor for a limited term of not less than one year. |
| (6) | In the cases of paragraphs (1) through (5), a fine shall be concurrently imposed as follows: |
| 1. | In the case of paragraph (1), not less than two times but not more than 10 times the value of goods; |
| 2. | In the case of paragraph (2), two times the cost of the imported goods; |
| 3. | In the case of paragraph (3), the cost of the exported or returned goods; |
| 4. | In the case of paragraph (4), not less than two times but not more than 10 times the amount of tax abated, dodged, evaded or refunded; |
| 5. | In the case of paragraph (5), the cost of the imported goods. |
| (7) | Any person who commits a crime as referred to in Article 271 of the Customs Act shall be sentenced to punishment equivalent to that for a principal offender or principle crime in accordance with paragraphs (1) through (6). |
| (8) | Any person who forms an organization or group or habitually commits a crime referred to in Articles 269 through 271 or 274 of the Customs Act shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than 10 years. |
[This Article Wholly Amended on Mar. 31, 2010]
[Decision of simple unconstitutionality, 2017Hun-Ka26, Jan. 28, 2019: the provision of subparagraph 1 of Article 6-6 of the Registered Security Guard Act (as amended by Act No. 10210 on Feb. 31, 2010) relating to subparagraph 5 of Article 269 of the State Public Officials Act in Article 5 (3) of the Registered Security Guard Act violates the Constitution.]
| Article 7 (Use of Weapons by Related Public Officials) |
A public official who has authority to control a person who violates the Customs Act may use weapons where the person who commits a crime as referred to in Article 269 or 270 of the Customs Act seeks to flee at sea despite the stop order and only if there is a substantial reason to use such weapons in order to deter such flight attempt. [This Article Wholly Amended on Mar. 31, 2010]
| Article 8 (Aggravated Punishment of Evasion of Taxes) |
| 1. | Where the amount of tax which is evaded, refunded, not collected or not paid (hereinafter referred to as "evaded tax amount, etc.") is annually not less than one billion won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than five years; |
| 2. | Where the evaded tax amount, etc. is not less than five hundred million won but less than one billion won, the person shall be punished by imprisonment with labor for a limited term of not less than three years. |
| (2) | In the case of paragraph (1), the fine equivalent to two to five times the evaded tax amount, etc. shall be imposed concurrently. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 8-2 (Aggravated Punishment for Violating Obligation to Deliver Tax Invoice) |
| 1. | Where the value of supply that is entered in the tax invoice and the account statement, the value of supply that is entered in the aggregate balance sheet of the tax invoice by seller or in the aggregate balance sheet of the tax invoice by purchaser, or the aggregate amount of sale and purchase (hereinafter referred to as "aggregate amount of the supply value, etc.") is five billion won or more, the person shall be punished by imprisonment with labor for a limited term of not less than three years; |
| 2. | Where the aggregate amount of the supply value, etc. is not less than three billion won but less than five billion won, the person shall be punished by imprisonment with labor for a limited term of not less than one year. |
| (2) | In the case of paragraph (1), a fine that is not less than two times but not more than five times the tax amount, which is calculated by applying the tax rate of the value-added tax to the aggregate amount of the supply value, etc., shall be concurrently imposed. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 9 (Aggravated Punishment of Offense against Creation and Management of Forest Resources Act) |
| 1. | Where the original value of the forest products is not less than one hundred million won, or the area of the damaged forest is not less than 50,000 square meters, the person shall be punished by imprisonment with labor for not less than 3 years but not more than 25 years; |
| 2. | Where the original value of the forest products is not less than ten million won but less than one hundred million won, or the area of damaged forest is not less than 5,000 square meters but less than 50,000 square meters, the person shall be punished by imprisonment with labor for not less than 2 years but not more than 20 years. |
| (2) | Deleted. <Jan. 6, 2016> |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 10 Deleted. <2016. 1. 6.> |
<This Article is deleted by Act No. 13717, Jan. 6, 2016, following the decision of unconstitutionality made by the Constitutional Court on Nov. 27, 2015>
| Article 11 (Aggravated Punishment of Narcotic Offender) |
| (1) | Any person who commits a crime as prescribed in Article 58 (1) 1 through 4, 6, and 7 of the Narcotics Control Act (excluding the crime of trading, transferring, receiving, or offering the relevant substances or the crime of holding or possessing the relevant substances for trade, or assistance in trade, or transfer or receipt) or attempts to commit such crime shall be aggravatingly punished as follows: <Amended on Jan. 6, 2016> |
| 1. | Where the value of the narcotics and psychotropic drugs in import or export, manufacture, holding, possession, etc., is not less than 50 million won, he/she shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than 10 years; |
| 2. | Where the value of the narcotics and psychotropic drugs in import or export, manufacture, holding, possession, etc., is not less than five million won but less than fifty million won, he/she shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than seven years. |
| 1. | Where the value of the narcotics and psychotropic drugs in holding, possession, cultivation, use, import or export, manufacture, etc. is not less than fifty million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than seven years; |
| 2. | Where the value of the narcotics and psychotropic drugs in holding, possession, cultivation, use, import or export, manufacture, etc. is not less than five million but less than 50 million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than three years. |
[This Article Wholly Amended on Mar. 31, 2010]
[Paragraph (61 of this Article is amended by Act No. 13717 promulgated on Jan. 6, 2016, following the decision of unconstitutionality made by the Constitutional Court on Apr. 24, 2014]
| Article 12 (Evasion of Law on Behalf of Foreigners) |
Any person who acquires any property right, the acquisition of which is banned or restricted to foreigners, on behalf of a foreigner with the foreigner's funds, shall be punished as follows:
| 1. | Where the value of the property right is not less than 100 million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than 10 years; |
| 2. | Where the value of the property right is less than 100 million won, the person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for a limited term of not less than three years. |
[This Article Wholly Amended on Mar. 31, 2010]
| Article 13 (Confiscation) |
Any property acquired by a criminal by committing a crime prescribed in Article 3 or 12 shall be confiscated, and if it is impossible to confiscate it, the value thereof shall be collected additionally. [This Article Wholly Amended on Mar. 31, 2010]
| Article 14 (False Accusation) |
Any person who commits a crime as prescribed in Article 156 of the Criminal Act against a crime as prescribed by this Act shall be punished by imprisonment with labor for a limited term of not less than three years. [This Article Wholly Amended on Mar. 31, 2010]
| Article 15 (Special Dereliction of Duties) |
If any public official who is engaged in the duties of criminal investigation is derelict in his or her duties with a recognition that a person has committed a crime as prescribed by this Act, the public official shall be punished by imprisonment with labor for a limited period of not less than one year.
[This Article Wholly Amended on Mar. 31, 2010]
| Article 16 (Special Cases concerning Prosecution) |
A public action against a crime as prescribed in Articles 6 and 8 shall not require any accusation or complaint. [This Article Wholly Amended on Mar. 31, 2010]
ADDENDA <Act No. 1744, Feb. 23, 1966>
| (1) | (Enforcement Date) This Act shall enter into force 30 days after the date of its promulgation. |
| (2) | (Repealed Act) The Provisional Special Act on Punishment of Specific Crimes shall hereby be repealed. |
ADDENDUM <Act No. 2032, Jul. 15, 1968>
This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 6 (6) and 11 (2) shall enter into force 30 days after the date of its promulgation.
ADDENDUM <Act No. 2550, Feb. 24, 1973>
This Act shall enter into force 30 days after the date of its promulgation.
ADDENDA <Act No. 3280, Dec. 18, 1980>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Any officer of a government-managed enterprise prescribed in Article 4 who has committed a crime provided for in Article 2, and whose case is pending in the court, as at the time this Act enters into force, shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act, even after this Act enters into force. |
| (3) | (idem) Any case for a crime provided for in Articles 6 and 8 which is pending in the court as at the time this Act enters into force shall not require any complaint even after this Act enters into force. |
ADDENDUM <Act No. 3717, Dec. 31, 1983>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3744, Aug. 4, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso is Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 4090, Mar. 25, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4206, Jan. 13, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 4291, Dec. 31, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4702, Jan. 5, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1994.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 4760, Jun. 28, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4962, Aug. 4, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5056, Dec. 29, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5341, Aug. 22, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to acts committed before this Act enters into force shall be subject to the previous provisions. |
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 6040, Dec. 28, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6146, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6305, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 6664, Mar. 25, 2002>
This Act shall enter into force two months after the date of its promulgation.
ADDENDUM <Act No. 7226, Oct. 16, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7545, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 7654, Aug. 4, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 7767, Dec. 29, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 8169, Jan. 3, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 8727, Dec. 21, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9169, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9919, Jan. 1, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10210, Mar. 31, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11136, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11731, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 11955, Jul. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13351, Jun. 22, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13440, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13717, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where the provisions of the previous Act on the Aggravated Punishment, etc. of Specific Crimes are cited by other statutes as at the time this Act enters into force, and if this Act includes the provisions corresponding thereto, the corresponding provisions shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 14474, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 15981, Dec. 18, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16829, Dec. 24, 2019>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 16922, Feb. 4, 2020>
This Act shall enter into force three months after the date of its promulgation.