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
Act No. 17006, Feb. 18, 2020
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 on May 22, 2013]
The terms used in this Act are defined 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 seafarer’s books 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 or 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 on May 22, 2013]
| Article 3 (Stowing Away and Deserting Vessels) |
| (1) | A person who stows away or deserts a vessel or airplane shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. <Amended on Feb. 18, 2020> |
| (2) | In cases under paragraph (1), any attempted crime shall be punished as well. |
| (3) | Any person who plots or conspires to commit a crime specified in paragraph (1) shall be punished by imprisonment for up to one year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended on May 22, 2013]
| Article 4 (Aiding or Abetting Stowing Away) |
| (1) | Any person who aids or abets an offence referred to in Article 3 (1) shall be punished by imprisonment for up to three years or by a fine not exceeding 30 million won. <Amended on Feb. 18, 2020> |
| (2) | Any person who commits an offence referred to in paragraph (1) for profit shall be punished by imprisonment for up to five years or by a fine not exceeding 50 million won. <Amended on Feb. 18, 2020> |
[This Article Wholly Amended on 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 on 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 on May 22, 2013]
| Article 6 (Mitigation or Waiver 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 on May 22, 2013]
| Article 7 (Notification of Cases) |
| (1) | When a judicial police officer has investigated any case involving a violation of this Act, he or she shall without delay notify the head of the competent regional office of immigration and foreigner-related affairs thereof. <Amended on 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 on Mar. 18, 2014> |
[This Article Wholly Amended on May 22, 2013]
| Article 8 Deleted. <Dec. 27, 1989> |
| Article 9 Deleted. <Dec. 27, 1989> |
ADDENDUM <Act No. 831, Dec. 13, 1961>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 1432, Nov. 1, 1963>
This Act enters 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 enters 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 promulgation.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That… <Omitted>… the provisions of Article 7 of the Addenda (excluding paragraph (2) and (29)) shall enter into force on January 1, 2008
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11807, May 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
The previous provisions of this Act shall apply to cases of imposing penalties on violations committed before this Act enters into force.
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.
ADDENDUM <Act No. 17006, Feb. 18, 2020>
This Act shall enter into force three months after the date of its promulgation.