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STATUTES

THE REPUBLIC OF KOREA

Volume

CRIMINAL ACT

PART I GENERAL PROVISIONS

CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE

Article 1 (Criminality and Punishability of Acts)

(1) The criminality and punishability of an act shall be governed by a statute in effect at the time of the commission of that act.

(2) Where a statute is changed after the commission of a crime, and the relevant act thereby no longer constitutes a crime under the new statute or the punishment therefor under the new statute becomes less heavy than under the previous one; the new statute shall apply.

(3) Where a statute is changed after the sentence for a crime has become final and conclusive and the relevant act thereby no longer constitutes a crime, the execution of the punishment shall be remitted.

[This Article Wholly Amended on Dec. 8, 2020]

Article 2 (Domestic Crimes)

Article 1 ~ 2

This Act shall apply to both Korean nationals and aliens who commit crimes in the territory of the Republic of Korea.

Article 3 (Crimes by Koreans outside Korea)

This Act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea.

Article 4 (Crimes by Aliens on Board Korean Vessel outside Korea)

This Act shall apply to aliens who commit crimes on board a Korean vessel or Korean aircraft outside the territory of the Republic of Korea.

Article 5 (Crimes by Aliens outside Korea)

This Act shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea:

1. Crimes concerning insurrection;

2. Crimes concerning foreign aggression;

3. Crimes concerning the national flag;

4. Crimes concerning currency;

5. Crimes concerning securities, postage, and revenue stamps;

6. Crimes specified

Article 3 ~ 5

in Articles 225 through 230 among crimes concerning documents;

7. Crimes specified in Article 238 among crimes concerning seals.

Article 6 (Foreign Crimes against Republic of Korea and Korean National outside Korea)

This Act shall apply to aliens who commit crimes, other than those specified in the preceding Article, against the Republic of Korea or her nationals outside the territory of the Republic of Korea: Provided, That this shall not apply where such acts under Act in effect at the time of the act do not constitute a crime, or the prosecution thereof or the execution of the punishment therefor is remitted.

Article 7 (Inclusion of Sentence Executed Abroad)

If an offender has undergone the whole or partial execution of sentence imposed abroad because of crime, the sentence either wholly or partially executed shall be included in the sentence to be declared in Korea.

[This Article Wholly Amended on Dec. 20, 2016]

[This Article is amended by Act No. 14415 (Dec. 20, 2016) following the decision of nonconformity to the Constitution by the Constitutional Court on May 28, 2015]

Article 8 (Application of General Provisions)

Article 6 ~ 8

The general provisions of this Act shall also apply to such crimes as are provided by other statutes or regulations unless provided otherwise by such statutes or regulations.

CHAPTER II CRIME

SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence

Article 9 (Criminal Minors)

The act of a person under fourteen years of age shall not be punished.

Article 10 (Persons with Mental Disorders)

(1) The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.

(2) For act of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment may be mitigated. <Amended on Dec. 18, 2018>

(3) The provisions of the preceding two paragraphs shall not apply to the act of a person who, in anticipation of danger of a crime, has intentionally incurred his or her mental disorder.

Article 9 ~ 10

[Title Amended on Dec. 30, 2014]

Article 11 (Persons with Hearing or Speech Impairment)

Punishment shall be mitigated for the act of a person with disability both in hearing or speaking.

[This Article Wholly Amended on Dec. 8, 2020]

Article 12 (Act Compelled)

An action compelled by either irresistible force or threat against the life or body of the compelled person or his or her relatives which cannot be protected shall not be punishable.

Article 13 (Intent)

An act performed through ignorance of the facts that constitute a crime shall not be punishable: Provided, That this shall not apply where a statute provides otherwise.

[This Article Wholly Amended on Dec. 8, 2020]

Article 14 (Negligence)

An act performed through ignorance of the facts that constitute a crime by neglect of normal attention, shall be punishable only when prescribed so by a statute.

[This Article Wholly Amended on Dec. 8, 2020]

Article 11 ~ 14

Article 15 (Misunderstanding of Fact)

(1) An act performed through ignorance of the facts that constitute especially more serious crimes shall not be punishable for such serious crimes.

(2) Crimes for which punishment becomes heavier due to results thereof, shall not be punishable for more serious crimes if such results were not foreseeable.

[This Article Wholly Amended on Dec. 8, 2020]

Article 16 (Misunderstanding of Law)

When a person commits a crime not knowing that his or her act constitutes a crime under existing statutes or regulations, he or she shall not be punishable if the misunderstanding is based on reasonable grounds.

Article 17 (Causation)

Any act which is not connected with the danger which is an element of a crime, it shall not be punishable for the results.

Article 18 (Crime Committed through Omission)

When a person who, having a duty to prevent the occurrence of danger, or having caused the occurrence of danger, does not prevent the occurrence of danger, that person shall be punished in accordance with the results of such danger.

Article 15 ~ 18

Article 19 (Concurrence of Independent Act)

When a series of independent acts concur at the same time or at different times, each act shall be punished as an attempted crime, if it is not ascertainable which act has produced the result thereof.

Article 20 (Justifiable Act)

An act which is conducted in accordance with statutes or regulations, or in pursuance of accepted business practices, or other acts which does not violate the social rules shall not be punishable.

Article 21 (Self-Defense)

(1) An act which is performed in order to defend one's own or another person's legal interest from impending and unjust infringement shall not be punishable if there are reasonable grounds for that act.

(2) When a preventive act has exceeded reasonable limits, the punishment may be mitigated or remitted depending on the circumstances.

(3) In the case of paragraph (2), an act caused by fear, shock, excitement, or confusion at night or under other uneasy conditions shall not be punishable.

[This Article Wholly Amended on Dec. 8, 2020]

Article 19 ~ 21

Article 22 (Necessity)

(1) An act which is performed in order to avoid impending danger against the one's own or another person's legal interest shall not be punishable when there are reasonable grounds.

(2) The provisions of the preceding paragraph shall not apply to a person charged with duties not to avoid the danger.

(3) The provisions of paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to this Article.

Article 23 (Self-Help)

(1) Where it is impossible to preserve a claim by legal procedures, an act performed in order to prevent its execution from being impossible or significantly impracticable shall not be punishable when there are reasonable grounds.

(2) Where an act prescribed in paragraph (1) has exceeded reasonable limits, the punishment may be mitigated or remitted depending on the circumstances.

[This Article Wholly Amended on Dec. 8, 2020]

Article 24 (Consent of Victim)

An act which infringes a legal interest with the consent of a person who is authorized to dispose of such interest shall not be punishable except as otherwise provided by Acts.

Article 22 ~ 24

SECTION 2 Attempts

Article 25 ( Attempts)

(1) When an intended crime is not completed or if the intended result does not occur, it shall be punishable as an attempt.

(2) The punishment for an attempt may be mitigated than that of consummated crime.

Article 26 (Voluntarily Ceased Crime)

Where a criminal voluntarily ceases his or her criminal act which he or she began or voluntarily prevents the consequences of such act, the punishment shall be mitigated or remitted.

[This Article Wholly Amended on Dec. 8, 2020]

Article 27 (Impossible Crime)

Even though the occurrence of a crime is impossible because of the means adopted for the commission of the crime or because of mistake of objects, the punishment shall be imposed if there has been a resulting danger, but the punishment may be mitigated or remitted.

Article 28 (Conspiracy and Preparation)

When a conspiracy or the preparatory action for a crime has not reached commencement stage for the commission of the crime, the person shall

Article 25 ~ 28

not be punishable, except as otherwise provided by Acts.

Article 29 (Punishment for Attempt)

The punishment for attempts shall be specifically provided in the Individual Provisions.

[This Article Wholly Amended on Dec. 8, 2020]

SECTION 3 Complicity

Article 30 (Co-Principals)

When two or more persons have jointly committed a crime, each of them shall be punished as a principal offender for the crime committed.

Article 31 (Instigator)

(1) For a person who instigates another to commit a crime, the same punishment shall be applied to the instigator as one who actually commits the crime.

(2) When a person is instigated and consents to carry out a crime but does not reach the commencement stage for the commission thereof, the punishment for conspiracies or preparations thereof shall apply mutatis mutandis to the instigator and the instigated person.

(3) Even though the instigated person does not consent to the commission of a

Article 29 ~ 31

crime, the preceding paragraph shallpply to the instigator.

Article 32 (Accessories)

(1) Those who aid and abet the commission of a crime by another person shall be punished as accessories.

(2) The punishment of accessories shall be mitigated to less than that of the principals.

Article 33 (Complicity and Status)

Articles 30 through 32 shall apply to a person who collaborates in the commission of a crime in which the person's status is an element, even if that person lacks such status: Provided, That where the severity of a punishment varies with the accused's status, the heavier punishment shall not be imposed on that person who lacks such status.

[This Article Wholly Amended on Dec. 8, 2020]

Article 34 (Principal through Innocent Human Agent and Aggravation of Punishment for Particular Instigation or Aiding and Abetting)

(1) A person who commits a crime by instigating or aiding and abetting another who is not punishable for such conduct, or who is punishable

Article 32 ~ 34

as an offender through negligence, shall be punish in accordance with the provision for an instigator or accessory.

(2) A person who causes the results envisaged in the preceding paragraph by instigating or aiding and abetting another person who is under his or her control and supervision, shall be punished by increasing one half of the maximum term or maximum amount of penalty provided for the principal in the case of instigating, and with the penalty provided for the principal in the case of aiding and abetting.

SECTION 4 Repeated Crime

Article 35 (Repeated Crime)

(1) A person who, having been punished with imprisonment without labor or heavier punishment within three years after the date when the execution has been completed or remitted, commits such crimes as shall be punished with imprisonment without labor or heavier punishment shall be punished as a repeating offender.

(2) The punishment for a repeated crime shall be aggravated to twice the maximum term of that specified for such crime.

[This Article Wholly Amended on Dec. 8, 2020]

Article 36 (Discovery of Repeated Crime after Imposition of Sentence)

Article 35 ~ 36

When a repeated crime is discovered after the imposition of sentence, the punishment may be determined de novo by adding to the criminal sentence: Provided, That this shall not apply where the execution of the sentence imposed has been completed or remitted.

SECTION 5 Concurrent Crimes

Article 37 (Concurrent Crimes)

Several crimes for which judgment has not become final, or a crime for which judgment to punish with an imprisonment without labor or a heavier punishment has become final and the crimes committed before the said final judgment shall be regarded as concurrent crimes. <Amended on Jan. 20, 2004>

Article 38 (Concurrent Crimes and Application of Punishment)

(1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification:

1. In the event the punishment specified for the most severe crime is death penalty or imprisonment with labor for an indefinite term or imprisonment without labor for an indefinite term, the punishment provided for the most severe crime shall be imposed;

2. In the event the punishments specified for each crime are of the same kind, other than death penalty or imprisonment with or

Article 37 ~ 38

without labo fo an indefinite tem, the maximum tem or maximum amount for the most severe crime shall be increased by one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, although minor fine and minor fine, or confiscation and confiscation may be imposed concurrently;

3. In the event the punishments specified for each crime are of different kind other than imprisonment with or without labor for an indefinite term, they shall be imposed concurrently.

(2) In cases of the subparagraphs of paragraph (1), imprisonment with labor and imprisonment without labor shall be regarded as the same kind of punishments, and therefore imprisonment with labor shall be imposed.

[This Article Wholly Amended on Dec. 8, 2020]

Article 39 (Concurrent Crimes Not Adjudicated; Several Judgments and Concurrent Crimes; Execution of Punishment and Concurrent Crimes)

(1) In the event there is a crime which has not been adjudicated among the concurrent crimes, a sentence shall be imposed on the said crime taking account of equity with the case where the said crime is adjudicated concurrently with a crime which has been finally adjudicated. In this case the said punishment may be

Article 39

mitigatd or xmptd. <Amndd on Jul. 29, 2005>

(2) Deleted. <Jul. 29, 2005>

(3) When a person who has been sentenced for concurrent crimes receives amnesty or remission of the execution of punishment with respect to any one of the concurrent crimes, punishment for the remaining crimes shall be determined de novo.

(4) In the execution of punishment specified in the preceding three paragraphs, the period of sentence already served shall be taken into account.

Article 40 (Compound Crimes)

When a single act constitutes several crimes, the punishment provided for the most severe crime shall be imposed.

[This Article Wholly Amended on Dec. 8, 2020]

CHAPTER III PUNISHMENT

SECTION 1 Kinds and Severity of Punishments

Article 41 (Kinds of Punishment)

Kinds of punishment shall be as follows:

1. Death penalty;

Article 40 ~ 41

2. Imprisonment with labor;

3. Imprisonment without labor;

4. Deprivation of qualifications;

5. Suspension of qualifications;

6. Fine;

7. Detention;

8. Minor fine;

9. Confiscation.

Article 42 (Term of Imprisonment with or without Labor)

Imprisonment with or without labor shall be either for an indefinite term or for a limited term, and the limited term shall be from one month to 30 years: Provided, That imprisonment with or without labor for a limited term may be extended up to 50 years in cases of the aggravation of punishment. <Amended on Apr. 15, 2010>

Article 43 (Imposition of Sentence, Deprivation of Qualifications and Suspension of Qualifications)

(1) A person who

Article 42 ~ 43

is sentenced t death penalty, r imprisnment with r without labor for an indefinite term, shall be deprived of the qualifications prescribed as follows:

1. Qualifications to become public officials;

2. Suffrage and eligibility under public law;

3. Qualifications concerning business under public law, for which necessary conditions have been prescribed by Acts;

4. Qualifications to become a director, auditor or manager of a juristic person or an inspector or custodian concerning the business of a juristic person.

(2) A person who is sentenced to imprisonment with or without labor for a limited term shall be under suspension of the qualifications enumerated in subparagraphs 1 through 3 of the preceding paragraph until the execution of punishment is completed or remitted: Provided, That if any other Act expressly provides otherwise, the Act shall apply preferentially. <Amended on Jan. 6, 2016>

[Paragraph (2) of this Article is Amended on Jan. 6, 2016 under Act No. 13719 in accordance with the Constitutional Court's decision that held this paragraph unconstitutional and inconsistent with the Constitution]

Article 44 (Suspension of Qualifications)

(1) Suspension

Article 44

of all or part of the qualifications specified in the preceding Article shall be for at least one year up to 15 years.

(2) When both imprisonment with or without labor for a limited term and suspension of qualifications have been concurrently imposed, the term of suspension shall be calculated from the day when the execution of imprisonment with or without labor is completed or remitted.

Article 45 (Fine)

A fine shall be fifty thousand won or more: Provided, that in case of a mitigation, it may be less than fifty thousand won. <Amended on Dec. 29, 1995>

Article 46 (Detention)

Detention shall be from one day to thirty days.

Article 47 (Minor Fine)

A minor fine shall be from 2,000 to 50,000 won. <Amended on Dec. 29, 1995>

Article 48 (Confiscation and Additional Collection)

(1) The following things which are not the property of a person other than the criminal, or which were acquired by a person other than the criminal with the knowledge of its nature after commission of the crime, may be confiscated in whole or in part:

Article 45 ~ 48

1. A thing which has been used or was sought to be used in the commission of a crime;

2. A thing produced by or acquired by means of criminal conduct;

3. A thing received in exchange for a thing mentioned in subparagraph 1 or 2.

(2) When the things mentioned in paragraph (1) cannot be confiscated, the equivalent price thereof shall be collected.

(3) When only a part of documents, pictures, special media records, such as electromagnetic records, or valuable security is subject to confiscation, that part shall be destroyed.

[This Article Wholly Amended on Dec. 8, 2020]

Article 49 (Additional Character of Confiscation)

Confiscation shall be imposed in addition to other punishment. Even though a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites of confiscation are satisfied.

Article 50 (Severity of Punishments)

(1) The severity of punishments shall be in the order of the subparagraphs of Article 41: Provided, That imprisonment without labor for

Article 49 ~ 50

an indefinite term shall be deemed to be me severe than imprisonment with labor for a limited term; and when the maximum term of imprisonment without labor for a limited term exceeds the maximum term of imprisonment with labor for a limited term, the imprisonment without labor shall be deemed to be the more severe.

(2) In case of punishments of the same kind, the one having a longer maximum term or larger maximum amount shall be deemed to be more severe, and when the maximum term or amount is equal, the one having the longer minimum term or larger minimum amount shall be deemed to be more severe.

(3) Except for the application of paragraphs (1) and (2), severity shall be determined by the nature and circumstances of the crime.

[This Article Wholly Amended on Dec. 8, 2020]

SECTION 2 Determination of Punishment

Article 51 (General Principles for Determination of Punishment)

In determining punishment, the following shall be taken into consideration:

1. The age, character and conduct, intelligence and environment of the offender;

2. Offender's relation to the victim;

3. The motive

Article 51

for the commission of the crime, the means and the result;

4. Circumstances after the commission of the crime.

Article 52 (Self-Denunciation and Voluntary Confession)

(1) When a person denounces himself or herself to an investigation agency after committing a crime, the punishment may be mitigated or remitted.

(2) The punishment may be mitigated or remitted when voluntary confession is made to the victim in respect to crimes which cannot be prosecuted against the victim's will.

[This Article Wholly Amended on Dec. 8, 2020]

Article 53 (Discretionary Mitigation)

When there are extenuating circumstances in relation to the commission of a crime, the punishment may be mitigated.

[This Article Wholly Amended on Dec. 8, 2020]

Article 54 (Optional Penalty and Discretionary Mitigation)

Where there are several kinds of punishments prescribed for a single crime, the kinds of the punishment to be imposed shall first be decided and then a mitigation, if any, shall be made.

[This Article Wholly

Article 52 ~ 54

Amended on Dec. 8, 2020]

Article 55 (Statutory Mitigation)

(1) Statutory mitigation shall be as follows: <Amended on Apr. 15, 2010>

1. When a death penalty is to be mitigated, it shall be reduced to imprisonment, with or without labor, for an indefinite term or for at least 20 years up to 50 years;

2. When imprisonment for an indefinite term, with or without labor, is to be mitigated, it shall be reduced to imprisonment, with or without labor, for at least ten years up to 50 years;

3. When limited imprisonment with or without labor is to be mitigated, it shall be reduced by one half of the term of the punishment;

4. When deprivation of qualifications is to be reduced, suspension of qualifications for at least seven years shall be imposed;

5. When suspension of qualifications is to be mitigated, it shall be reduced by one half of the term thereof;

6. When a fine is to be mitigated, it shall be reduced by one half of the maximum amount thereof;

7. When detention is to be mitigated, it shall be reduced by one half

Article 55

of the maximum term thereof;

8. When a minor fine is to be mitigated, it shall be reduced by one half of the maximum amount thereof.

(2) When there are several grounds for which punishment is to be reduced by Acts, it may be repeatedly mitigated.

Article 56 (Order of Aggravation and Mitigation)

Where the grounds for which punishment is to be increased or reduced have occurred at the same time, the following order shall apply:

1. Aggravation pursuant to relevant provisions of the Individual Provisions;

2. Aggravation pursuant to Article 34 (2);

3. Aggravation for repeated crimes;

4. Statutory mitigation;

5. Aggravation for concurrent crimes;

6. Discretionary mitigation.

[This Article Wholly Amended on Dec. 8, 2020]

Article 57 (Inclusion of Number of Days of Confinement before Imposition of Sentence)

Article 56 ~ 57

(1) The number of days of confinement before imposition of a sentence shall be included, in full, in the period of limited imprisonment with or without labor, or lockup in a workhouse in respect to a fine or minor fine, or detention. <Amended on Dec. 30, 2014>

(2) In cases of the preceding paragraph, one day of confinement shall be reckoned as one day of the term of imprisonment with or without labor, or lockup in a workhouse in respect to a fine or minor fine, or detention.

[Article 57 (1) is Amended on Dec. 30, 2014 in accordance with the Constitutional Court's decision that held this paragraph unconstitutional on Jun. 25, 2009]

Article 58 (Public Announcement of Judgment)

(1) When it is recognized as necessary for the interest of an injured party, public announcement of the judgment may be made at the expense of the accused but only at request of the injured party.

(2) If a judgment of being not guilty is rendered on an accused case, public announcement of the judgement of being not guilty shall be ordered: Provided, That this shall not apply where the defendant found not guilty does not consent to the public announcement of the judgment of being not guilty or where it is impossible to obtain consent thereto from the defendant. <Amended on Dec. 30, 2014>

(3) If a judgment

Article 58

of acquittal is rendered on an accused case, public announcement of the judgment of acquittal may be ordered. <Newly Inserted on Dec. 30, 2014>

SECTION 3 Suspension of Imposition of Sentence

Article 59 (Requisites for Suspension of Impositions of Sentence)

(1) Where punishments of imprisonment with or without labor for not more than one year, suspension of qualifications, or fines are to be imposed, if there are extenuating circumstances in consideration of the provisions of Article 51 and the accused shows sincere repentance, the imposition of sentence may be suspended: Provided, That this shall not apply to a person who has previously been convicted and received a sentence of suspension of qualifications or heavier punishment.

(2) Even when punishments are concurrently imposed, the imposition of sentence may be suspended either in whole or in part.

[This Article Wholly Amended on Dec. 8, 2020]

Article 59-2 (Probation)

(1) Where a sentence is suspended, if a guidance and assistance is deemed to be necessary to prevent any second offense, a probation order may be ordered.

(2) The period of the probation as referred to in paragraph (1) shall be one

Article 59 ~ 59-2

yar.

[This Article Newly Inserted on Dec. 29, 1995]

Article 60 (Effect of Suspension of Imposition of Sentence)

After two years have elapsed since the suspension of imposition of sentence, that suspension shall be deemed to be acquitted.

Article 61 (Nullification of Suspension of Imposition of Sentence)

(1) The suspended sentence shall be imposed when another judgment of suspension of qualifications or heavier punishment is rendered, or when a prior conviction resulting in suspension of qualifications or heavier punishment is disclosed during the term of the said suspension of sentence.

(2) If a person who is subject to the stay of sentence for which the probation is ordered under Article 59-2, violates the probation order to be observed during the probation period, and the degree of such violation is grave, the suspended punishment may be sentenced. <Newly Inserted on Dec. 29, 1995>

SECTION 4 Suspension of Execution of Sentence

Article 62 (Requisites for Suspension of Execution of Sentence)

Article 60 ~ 62

(1) Where a sentence of imprisonment, with or without labor, for up to three years or a sentence of a fine not exceeding five million won is to be imposed and extenuating circumstances exist, taking into account the facts specified in Article 51, the execution of the sentence may be suspended for a period of at least one year up to five years: Provided, That this shall not apply where a sentence is imposed for a crime committed during a period of three years after a final judgment sentencing imprisonment without labor or any heavier punishment was completely executed or discharged. <Amended on Jul. 29, 2005; Jan. 6, 2016>

(2) When punishments are to be imposed concurrently, execution of part of the punishments may be suspended separately.

Article 62-2 (Probation, Social Service or Order to Take Lectures)

(1) In the event that the execution of sentence is stayed, probation orders, social service orders or orders to take lectures may be made.

(2) The period of the probation as referred to in paragraph (1) shall be the period in which the execution is stayed: Provided, That the court may determine the probation period within the limit of the period of stay.

(3) Order to do any social service, or to take lectures shall be executed within the period of suspension of execution of sentence.

Article 62-2

[This Article Newly Inserted on Dec. 29, 1995]

Article 63 (Nullification of Suspension of Execution of Sentence)

When a person who was sentenced a suspension of execution of sentence is sentenced to an imprisonment without labor or a heavier punishment due to a crime committed deliberately during the period of the suspension, and if the judgement thereof becomes final, the sentence of suspension of execution of sentence shall be nullified. <Amended on Jul. 29, 2005>

Article 64 (Revocation of Suspension of Execution of Sentence)

(1) If the facts of the proviso of Article 62 are discovered after suspension of execution of punishment is rendered, the suspension of execution of sentence shall be revoked. <Amended on Dec. 29, 1995>

(2) If a person who is subject to the stay of execution by which the probation, social service or taking lecture is ordered, under Article 62-2, violates the matters to be observed or the order, and the degree of such violation is grave, the sentence of the stay of execution may be revoked. <Newly Inserted on Dec. 29, 1995>

Article 65 (Effect of Suspension of Execution of Sentence)

After a suspension of sentence is rendered, and the term of suspension has fully

Article 63 ~ 65

elapsed without the sentence being nullified or revoked, the sentence shall lose its validity.

SECTION 5 Execution of Punishment

Article 66 (Death Penalty)

The death penalty shall be executed by hanging in a correctional facility.

[This Article Wholly Amended on Dec. 8, 2020]

Article 67 (Imprisonment with Labor)

Imprisonment with labor shall be executed by the confinement in a correctional facility and performance of prescribed labor.

[This Article Wholly Amended on Dec. 8, 2020]

Article 68 (Imprisonment without Labor and Detention)

Imprisonment without labor and detention shall be executed by confining in a correctional facility.

[This Article Wholly Amended on Dec. 8, 2020]

Article 69 (Fine and Minor Fine)

(1) Fine and minor fine shall be paid within thirty days from the day when the judgment has become final, but when a fine is imposed, confinement

Article 66 ~ 69

in a workhouse may be concurrently ordered until the amount thereof is paid in full.

(2) A person who does not pay a fine in full shall be confined in a workhouse and work for a term of at least one day nor more than three years, or in case of a minor fine, from one day to twenty-nine days.

Article 70 (Lockup at Workhouse)

(1) When rendering a sentence of a fine or minor fine, the court shall simultaneously determine and declare a substitute term of lockup at a workhouse when payment of such fine or minor fine is not made in full. <Amended on Dec. 8, 2020>

(2) A substitute term of lockup at a workhouse of at least 300 days shall be specified for a fine imposed by a sentence, if the fine is at least 100 million won but less than 500 million won; a substitute term of lockup of at least 500 days, if the fine is at least 500 million won but less than five billion won; or a substitute term of lockup of at least 1,000 days, if the fine is at least five billion won. <Newly Inserted on May 14, 2014; Dec. 8, 2020>

[Title Amended on Dec. 8, 2020]

Article 71 (Deduction of Number of Days of Lockup)

Where a person has paid only a portion of a fine or minor fine to which he or she was sentenced, such number of days corresponding to

Article 70 ~ 71

the amount of money paid shall be deducted, in accordance with the ratio of the entire fine or minor fine to the full period set for lockup at a workhouse.

[This Article Wholly Amended on Dec. 8, 2020]

SECTION 6 Parole

Article 72 (Requisites for Parole)

(1) If a person under execution of imprisonment with or without labor has behaved himself or herself well and has shown sincere repentance, such person may be provisionally released by an act of the administrative authorities when 20 years of a sentence for an indefinite term or 1/3 of a limited term of punishment has been served.

(2) If a fine or minor fine has been imposed concurrently with the punishment specified in paragraph (1), the amount thereof shall be paid in full in order for the parole to be granted.

[This Article Wholly Amended on Dec. 8, 2020]

Article 73 (Confinement before Imposition of Sentence and Parole)

(1) In cases of release on parole, the number of days of confinement before imposition of sentence which is included in the period of sentence shall be counted as a period that has been served.

(2) In the case of

Article 72 ~ 73

Article 72 (2), the number days confinement before imposition of sentence counted as the period of lockup at a workhouse for fine or minor fine shall be deemed to be the payment of the corresponding amount.

[This Article Wholly Amended on Dec. 8, 2020]

Article 73-2 (Period of Parole, and Probation)

(1) The period of parole shall be ten years for a person sentenced to imprisonment for an indefinite term or shall be the remaining term for a person sentenced to imprisonment for a limited term but shall not exceed ten years.

(2) Any person released on parole, shall be subject to the probation during the period parole: Provided, That this shall not apply where the administrative agency which grants the parole deems it unnecessary.

[This Article Newly Inserted on Dec. 29, 1995]

Article 74 (Nullification of Parole)

When a judgment has become final by sentence of imprisonment without labor or heavier punishment for a crime committed intentionally during the period of parole, the grant of parole shall lose its effect.

[This Article Wholly Amended on Dec. 8, 2020]

Article 75 (Revocation of Parole)

Article 73-2 ~ 75

When a person who has been granted a parole violates the parole regulations concerning surveillance, or matters to be observed for the probation, and the extent of such violation is grave, the parole may be revoked.

[This Article Wholly Amended on Dec. 29, 1995]

Article 76 (Effect of Parole)

(1) When the period of parole has elapsed without losing its effect or its being revoked, after the disposition of parole is made, the execution of sentence shall be considered to have been terminated. <Newly Inserted on Dec. 29, 1995>

(2) In the case of the preceding two Articles, the number of days spent during parole shall not be included in the term of punishment.

SECTION 7 Prescription for Execution of Judgment of Guilt

Article 77 (Effect of Prescription for Execution of Judgment of Guilt)

A person who has been sentenced guilty shall be relieved of the execution thereof by reason of the completion of the period of prescription.

[This Article Wholly

Article 76 ~ 77

Amended on Dec. 8, 2020]

Article 78 (Period of Prescription for Execution of Judgment of Guilt)

A period of prescription is completed when judgment of guilt has not been executed for the following periods after the judgment has become final: <Amended on Dec. 12, 2017; Dec. 8, 2020>

1. 30 years, in the event of death penalty;

2. 20 years, in the event of imprisonment with or without labor for an indefinite term;

3. 15 years, in the event of imprisonment with or without labor for at least ten years;

4. Ten years, in the event of imprisonment with or without labor for at least three years, or in the event of suspension of qualifications for at least ten years;

5. Seven years, in the event of imprisonment with or without labor for less than three years, or in the event of suspension of qualifications for at least five years;

6. Five years, in the event of suspension of qualifications for less than five years, fine, confiscation, or collection;

7. One year, in

Article 78

the evet of detetio or mior fie.

[Title Amended on Dec. 8, 2020]

Article 79 (Suspension of Prescription)

(1) A period of prescription shall not elapse during the period of suspension or stay of the execution of punishment or parole, or other period within which the execution is suspended. <Amended on May 14, 2014>

(2) A period of prescription shall not elapse during a period in which a person stays abroad with intent to avoid the execution of a final and conclusive sentence imposed upon him or her but not executed. <Newly Inserted on May 14, 2014>

Article 80 (Interruption of Prescription)

The elapse of the period of prescription shall be interrupted by arrest of a person sentenced to a death penalty, imprisonment with or without labor, or detention, and by instituting execution proceedings in the case of fine, minor fine, confiscation, or collection.

SECTION 8 Extinction of Punishment

Article 81 (Nullification of Punishment)

If seven years have elapsed without, a person who had completed the execution of imprisonment with or without labor, or who had received

Article 79 ~ 81

remission of the execution, being sentenc to suspension of qualifications or heavier punishment after compensating the victim for his or her damages, the invalidation of the judgment may be rendered at the request of the person himself or herself or a public prosecutor.

Article 82 (Restoration of Rights)

When one half of the term of a suspended sentence has elapsed for any person who had been sentenced to suspension of qualifications without being sentenced to a further suspension of qualifications or heavier punishment after compensating the victim for his or her damages, the recovery of qualification may be granted upon the request of the person himself or herself or a public prosecutor.

CHAPTER IV TERM

Article 83 (Computation of Term)

Terms fixed by year or month shall be calculated on a yearly or monthly basis.

[This Article Wholly Amended on Dec. 8, 2020]

Article 84 (Computation of Term of Punishment)

(1) Term of punishment shall be calculated from the day when the judgment becomes final.

(2) The number of days for which confinement is not enforced in case of imprisonment

Article 82 ~ 84

with or without labor, detention or lock-up shall not be counted in the term of punishment.

Article 85 (First Day of Execution of Punishments and Period of Prescription)

The first day of execution of punishments, or of term of prescription shall be reckoned as a full day regardless of the hour.

Article 86 (Release Day)

Release shall be effected on the day of completion of the term of punishment.

PART II INDIVIDUAL PROVISIONS

CHAPTER I CRIME CONCERNING INSURRECTION

Article 87 (Insurrection)

A person who creates a violence for the purpose of excluding national power from all or part of the territory of the Republic of Korea or subverting the Constitution shall be punished according to the following classifications:

1. A ring leader shall be punished by death or imprisonment with or without labor for an indefinite term;

2. A person who participates in or commands a plot, or engages in other

Article 85 ~ 87

essential activities shall be punished by death o imprisonment with or without labor, for an indefinite term or for at least five years; the same shall also apply to a person who commits acts of killing, wounding, destroying, or plundering;

3. A person who merely responds to the agitation and follows the lead of another or merely joins in the violence shall be punished by imprisonment with or without labor for not more than five years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 88 (Homicide for Purpose of Insurrection)

A person who kills another for the purpose of excluding national power from all or part of the territory of the Republic of Korea or subverting the Constitution shall be punished by death or imprisonment with or without labor for an indefinite term.

[This Article Wholly Amended on Dec. 8, 2020]

Article 89 (Attempts)

Attempts to commit the crimes specified in the preceding two Articles shall be punished.

Article 90 (Preparations, Conspiracies, Agitation, or Propaganda)

(1) Anyone who prepares or conspires with intent to commit the crimes of Article

Article 88 ~ 90

87 or 88 shall be punished by imprisonment with or without labor for at least three years, but when he or she denounces himself or herself before the intended crime is committed, the punishment shall be mitigated or remitted.

(2) The preceding paragraph shall apply to a person who agitates or propagates the crimes specified in Article 87 or 88.

Article 91 (Definition of Subverting Constitution)

The purpose of subverting the Constitution in this Chapter shall mean those acts which fall within any one of the following subparagraphs:

1. To extinguish the function of the Constitution or Acts without observing the procedure provided by the Constitution or Acts;

2. To overthrow government organs established by the Constitution or to make render the exercise of their functions impossible by force.

CHAPTER II CRIMES CONCERNING FOREIGN AGGRESSION

Article 92 (Inducement of Foreign Aggression)

A person who, in conspiracy with a foreign country, causes to commence hostilities

Article 91 ~ 92

against the Republic of Korea, or who, in conspiracy with foreigners, fight against the Republic of Korea, shall be punished by death or imprisonment with labor for an indefinite term.

Article 93 (Taking Side with Enemy)

A person who fights against the Republic of Korea by joining an enemy country shall be punished by death.

Article 94 (Benefiting Enemy by Levying Soldiers)

(1) A person who levies soldiers for an enemy country shall be punished by death or imprisonment with labor for an indefinite term.

(2) A person who applies for conscription referred to in the preceding paragraph shall be punished by imprisonment with labor for an indefinite term or for at least five years.

Article 95 (Benefiting Enemy by Providing Equipment)

(1) A person who provides an enemy with country troops, fortresses, camps, or vessels, airplanes, such other places, equipment or structures to be used for military purpose, shall be punished by death or imprisonment with labor for an indefinite term.

(2) A person who provides an enemy with country arms, ammunition, or such other goods to be used for military purpose shall also be punished as prescribed in the preceding paragraph.

Article 93 ~ 95

Article 96 (Benefiting Enemy by Destroying Equipment)

A person who, for the benefit of an enemy country, destroys or makes preceding Article, shall be punished by death or imprisonment with labor for an indefinite term.

Article 97 (Benefiting Enemy by Delivering Goods)

A person who delivers to an enemy country such arms or ammunition as are not currently used for military purpose or goods usable for battle shall be punished by imprisonment with labor for an indefinite term or for at least five years.

Article 98 (Spy)

(1) A person who acts as a spy for an enemy country, or aids or abets a spy of an enemy country, shall be punished by death, imprisonment with labor for an indefinite term or for at least seven years.

(2) The preceding paragraph shall also apply to a person who divulges military secrets to an enemy country.

Article 99 (Benefiting Enemy by Other Methods)

A person who injures military interests of the Republic of Korea or delivers an enemy country military benefit by crimes other than those specified in the preceding seven Articles, shall be punished by imprisonment with labor for an indefinite term or for at least three years.

Article 96 ~ 99

Article 100 (Attempts)

Attempts of the crimes provided in the preceding eight Articles shall be punished.

Article 101 (Preparations, Conspiracies, Agitation, or Propaganda)

(1) A person who prepares or conspires with intent to commit any of the crimes of Articles 92 through 99 shall be sentenced to imprisonment with labor for a limited term of at least two years: Provided, That when he or she denounces himself or herself before carrying out the commission of the intended crimes, the punishment shall be mitigated or remitted.

(2) The preceding paragraph shall apply to a person who agitates or propagates any of the crimes specified in Articles 92 through 99.

Article 102 (Quasi-Enemy Country)

A foreign country or a group of foreigners in any of the crimes specified in Article 93 through the preceding Article takes hostile action against the Republic of Korea shall be deemed an enemy country.

Article 103 (Non-Performance of Munition Contract in Wartime)

(1) A person who, without justifiable reason, does not perform a contract concerning

Article 100 ~ 103

munitions or military structures for the government in time of war or during a warlike incident shall be punished by imprisonment with labor for not more than ten years.

(2) A person who obstructs another from performing a contract specified in the preceding paragraph shall also be punished in accordance with the provisions of the preceding paragraph.

Article 104 (Allied Power)

The provisions of this Chapter shall apply to the act committed against an allied power.

Article 104-2 Deleted. <Dec. 31, 1988>

CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG

Article 105 (Profanation of National Flag or National Emblem)

A person who damages, removes, or stains the national flag or the national emblem for the purpose of insulting the Republic of Korea shall be punished by imprisonment with or without labor for not more than five years, suspension of qualifications for not more than ten years, or a fine of not more than seven million won. <Amended on Dec. 29, 1995>

Article 106 (Defamation of National Flag or National Emblem)

A person who defames

Article 104 ~ 106

the national flag or the national emblem for the purpose mentioned in the preceding Article shall be punished by imprisonment with or without labor for not more than one year, suspension of qualification for not more than five years, or a fine of not more than two million won. <Amended on Dec. 29, 1995>

CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS

Article 107 (Assaults against Foreign Sovereign)

(1) A person who uses violence or intimidation against the sovereign of a foreign country sojourning in the Republic of Korea shall be punished by imprisonment with or without labor for not more than seven years.

(2) A person who insults, or defames the sovereign of a foreign country as referred to in the preceding paragraph shall be punished by imprisonment with or without labor for not more than five years.

Article 108 (Assaults against Foreign Envoy)

(1) A person who uses violence or intimidation against the envoy of a foreign country sent to the Republic of Korea shall be punished by imprisonment with or without labor for not more than five years.

(2) A person who

Article 107 ~ 108

insults r defames the envy f a freign cuntry as referred to in the preceding paragraph shall be punished by imprisonment with or without labor for not more than three years.

Article 109 (Profanation of Foreign Flag or Foreign Emblem)

A person who, for the purpose of insulting a foreign country, damages, removes or stains a foreign national flag or emblem which is officially used for such country shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding three million won. <Amended on Dec. 29, 1995>

Article 110 (Consent of Victim)

No public action may be instituted against the crimes as prescribed in Articles 107 through 109, against the express objection of the foreign government concerned. <Amended on Dec. 29, 1995>

Article 111 (Private War against Foreign Country)

(1) A person who wages a private war against a foreign country shall be punished by imprisonment without labor for a limited term of at least one year.

(2) Attempts to commit crimes specified in the preceding paragraph shall be punished.

(3) A person who makes preparations or conspires with intent to commit the

Article 109 ~ 111

crime of paragraph (1) shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding five million won: Provided, That when he or she denounces himself or herself before the commission of such intended crimes, the punishment shall be mitigated or remitted. <Amended on Dec. 29, 1995>

Article 112 (Violations of Neutrality Orders)

A person who violates an order concerning neutrality in a war between foreign countries shall be punished by imprisonment without labor for not more than three years or a fine of not more than five million won. <Amended on Dec. 29, 1995>

Article 113 (Divulgence of Diplomatic Secrets)

(1) A person who divulges diplomatic secrets shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who searches for or collects diplomatic secrets for the purpose of divulging them.

CHAPTER V CRIMES AGAINST PUBLIC PEACE

Article 114 (Organization of Criminal Groups)

A person who organizes a syndicate or group with the intent to commit a crime

Article 112 ~ 114

punishable by death or imprisonment with labor for an indefinite term or for at least four years or who joins such syndicate or group or becomes a member of such syndicate or group shall be punished by the penalty prescribed for the intended crime: Provided, That the penalty may be mitigated.

[This Article Wholly Amended on Apr. 5, 2013]

Article 115 (Riot)

Persons who assemble in large numbers and use violence or intimidation or take destructive act shall be punished by imprisonment with or without labor for at least one year up to ten years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 116 (Failure of Dispersion of Masses)

Persons who assemble in large number for the purpose of using violence or intimidation or taking destructive act and do not disperse after being ordered to do so for three or more times by officials authorized to control such matters, shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding three million won. <Amended on Dec. 29, 1995>

Article 117 (Non Fulfillment of Contract of Public Demand in Wartime)

(1) A person who

Article 115 ~ 117

fails t perfrm, withut justifiable reasns, a cncluded contract for the supply of food or other necessities of life with the State or a public organization in wartime, calamity or other warlike incident shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who interferes with the performance of the contract of the preceding paragraph.

(3) In the case of the preceding two paragraphs, the prescribed fine may also be concurrently imposed.

Article 118 (False Impersonation of Public Official)

A person who exercises official authority by false impersonation of a public official shall be punished by imprisonment for not more than three years or by a fine of not more than seven million won. <Amended on Dec. 29, 1995>

CHAPTER VI CRIMES CONCERNING EXPLOSIVES

Article 119 (Use of Explosives)

(1) A person who injures a person or damages property or disturbs the public safety by using explosives shall be punished by death or imprisonment with labor for an indefinite term or for at least seven years.

(2) A person who

Article 118 ~ 119

cmmits a crime specified in paragraph (1) in war, during an act of God, or in any other warlike incident shall be punished by death or imprisonment with labor for an indefinite term.

(3) Attempts to commit a crime specified in paragraph (1) or (2) shall be punished.

[This Article Wholly Amended on Dec. 8, 2020]

Article 120 (Preparations, Conspiracies, and Instigation)

(1) A person who prepares or conspires with intent to commit the crimes of paragraphs (1) and (2) of the preceding Article, shall be punished by imprisonment with labor for a limited term of two years or more, but if he or she denounces himself or herself before the commission of the intended crimes, the punishment shall be mitigated or remitted.

(2) The preceding paragraph shall apply to a person who instigates another to commit the crimes of paragraphs (1) and (2) of the preceding Article.

Article 121 (Manufacture of Explosives in Wartime)

A person who manufactures, imports, exports, delivers, or possesses explosives without justifiable reason in time of war or warlike incident, shall be punished by imprisonment with labor for not more than ten years.

CHAPTER VII CRIMES CONCERNING THE DUTIES

Article 120 ~ 121

OF PUBLIC OFFICIALS

Article 122 (Abandonment of Duties)

A public official who refuses to perform his or her duties or abandons his or her duties without justifiable reason shall be punished by imprisonment with or without labor for not more than one year or suspension of qualifications for not more than three years.

Article 123 (Abuse of Authority)

A public official who, by abusing his or her official authority, causes a person to perform the conduct which is not to be performed by the person, or obstructs the person from exercising a right which the person is entitled to exercise, shall be punished by imprisonment with labor for not more than five years and suspension of qualifications for not more than ten years, or fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 124 (Unlawful Arrest and Unlawful Confinement)

(1) If a person who performs or assists in activities concerning judgment, prosecution, police, or other functions involving the restraint of the human body, arrests or imprisons another by abusing his or her official authority, he or she shall be punished by imprisonment with labor for not more than seven years and suspension of qualifications for not more than ten years.

Article 122 ~ 124

(2) Attempts to commit the crimes specified in the preceding paragraph shall be punished.

Article 125 (Violence and Cruel Act)

A person who, in performing or assisting in activities concerning judgment, prosecution, police, or other functions involving the restraint of the human body, commits an act of violence or cruelty against a criminal suspect or against another person while performing his or her duties, shall be punished by imprisonment with labor for not more than five years and suspension of qualifications for not more than ten years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 126 (Publication of Facts of Suspected Crime)

A person who, in performing, supervising, or assisting in activities concerning prosecution, police, or other functions involving investigation of crimes, makes public, before request for public trial, the facts of a suspected crime which he or she has learned in the course of performing his or her duties, shall be punished by imprisonment with labor for not more than three years or suspension of qualifications for not more than five years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 127 (Divulgence of Official Secrets)

A public official

Article 125 ~ 127

or former public offic who divulges offic secrets obtained in the course of performing his or her duties and classified by statutes or regulations as secret shall be punished by imprisonment with or without labor for not more than two years or suspension of qualifications for not more than five years.

Article 128 (Obstruction of Election)

A public official, having duties concerning prosecution, police or army, who intimidates a voter, candidate, or a person who seeks to be candidate, in an election provided for by statutes or regulationss, or who obstructs the freedom of election by any other means, shall be punished by imprisonment with labor for not more than ten years and suspension of qualifications for at least five years.

Article 129 (Acceptance of Bribe and Advance Acceptance)

(1) A public official or an arbitrator who receives, demands or promises to accept a bribe in connection with his or her duties, shall be punished by imprisonment with labor for not more than five years or suspension of qualifications for not more than ten years.

(2) If a person who is to become a public official or an arbitrator receives, demands or promises to accept a bribe in response to a solicitation, in connection with the duty which he or she is to perform and he or she actually becomes a public official or arbitrator, imprisonment with labor for not more than three years or suspension of qualifications for not more than seven

Article 128 ~ 129

years shall be imposed.

[Interpreting a ‘public official’ under Article 129 (1) of the Criminal Act (Act No. 293 enacted on Sept. 18, 1953) to include members commissioned from among members of Jeju Self-Governing Province integrated deliberative committee on impact assessment under Article 299 (2) of the Special Act on the Establishment of Jeju Self-Governing Province and the Development of Free International City (referring to the previous version of such Act amended on Jul. 27, 2007 as Act No. 8566) is in violation of the Constitution according to the decision of limited unconstitutionality (2011Hun-Ba117) by the Constitutional Court made on December, 27, 2012.]

Article 130 (Bribe to Third Person)

A public official or an arbitrator who causes, demands or promises a bribe to be given to a third party on acceptance of an unjust solicitation in connection with his or her duties shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.

Article 131 (Improper Action after Acceptance of Bribe and Subsequent Bribery)

(1) If a public official or an arbitrator takes an improper act after committing the offenses under the preceding two Articles, imprisonment with labor for a limited term of at least one year shall be imposed.

Article 130 ~ 131

(2) If a public official or an arbitrator receives, demands or promises to receive a bribe, or causes, demands or promises a bribe to be given to a third party, after taking an improper act in the course of performing his or her duties, the punishment specified in the preceding paragraph shall be imposed.

(3) If a person who was a public official or an arbitrator receives a bribe or demands or agrees to receive a bribe after taking an improper act in the course of performing his or her duties on acceptance of a solicitation made during his or her incumbency, imprisonment with labor for not more than five years or suspension of qualifications for not more than ten years shall be imposed.

(4) In the case of the preceding three paragraphs, suspension of qualifications for not more than ten years may concurrently be imposed.

Article 132 (Acceptance of Bribe through Good Offices)

A public official who, by taking advantage of his or her post, receives, demands or agrees to receive a bribe concerning the use of the good offices in connection with the affairs which belong to the functions of another public official, shall be punished by imprisonment with labor for not more than three years or suspension of qualifications for not more than seven years.

Article 133 (Offer of Bribe)

Article 132 ~ 133

(1) A person who promises, delivers, or manifests a will to deliver a bribe as stated in Articles 129 through 132 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won.

(2) Paragraph (1) shall also apply to a person who, for the purpose of furnishing to an act specified in paragraph (1), delivers money or goods to a third party, or receives such delivery with the knowledge of its nature.

[This Article Wholly Amended on Dec. 8, 2020]

Article 134 (Confiscation and Punitive Collection)

A bribe received or money or goods to be received as a bribe by an offender or by a third party having knowledge of its nature shall be confiscated; or if confiscation is impossible, the value thereof shall be collected.

[This Article Wholly Amended on Dec. 8, 2020]

Article 135 (Aggravation of Punishment for Crimes in Course of Official Duty)

A public official who, taking advantage of his or her official authority, commits a crime other than those specified in this Chapter, shall be punished by increasing one half of the penalty specified for the crime committed: Provided, That this shall not apply where the punishment for the crime committed is specially

Article 134 ~ 135

prescribed because of the status of the public official.

CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES

Article 136 (Obstruction of Performance of Official Duties)

(1) A person who uses violence or intimidation against a public official engaged in the performance of his or her duties shall be punished by imprisonment with labor for not more than five years, or five not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who uses violence or intimidation against a public official in order to cause him or her to perform, or refrain from performing an official act or in order to force his or her resignation.

Article 137 (Obstruction of Performance of Official Duties by Fraudulent Means)

A person who interferes with the execution of duties by a public official by fraudulent means, shall be punished by imprisonment with labor for not more than five years, or fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 136 ~ 137

Article 138 (Contempt of Court or National Assembly)

A person who insults a court or the National Assembly or creates a disturbance in or near a court or the National Assembly for the purpose of disturbing or threatening the conduct of a court or the discussion of the Assembly, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 139 (Obstruction of Official Duties for Vindication of Human Rights)

A person who, performing police duties or assisting in such duties, interferes with the execution of duties of a public prosecutor concerning the vindication of human rights or who does not follow his or her instructions concerning the vindication of human rights, shall be punished by imprisonment with labor for not more than five years or suspension of qualifications for not more than ten years.

Article 140 (Rendering Null and Void Symbol of Official Secrecy)

(1) A person who damages or conceals a seal or symbol of attachment or other execution which a public official has levied in his or her official duties or reduces its utility by any other methods, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 138 ~ 140

(2) Any public official who opens any sealed or secretly designed document, book or picture in relation with his or her duties, shall also be punished by the same punishment as referred to in paragraph (1). <Amended on Dec. 29, 1995>

(3) Any public official who detects, book, picture, or special media records, such as electromagnetic records, etc., using any technical means, shall also be punished by the same punishment as referred to in paragraph (1). <Newly Inserted on Dec. 29, 1995>

Article 140-2 (Infringement on Effect of Compulsory Execution to Immovables)

Any person who trespasses on any immovables vacated or delivered by any other way, shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding seven million won.

[This Article Newly Inserted on Dec. 29, 1995]

Article 141 (Invalidity of Public Documents and Destruction of Public Goods)

(1) A person who damages or conceals documents or other goods, or special media records, such as electromagnetic records, etc., used by a public office or spoils its utility by other methods, shall be punished by imprisonment with labor for not more than

Article 140-2 ~ 141

seven years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) A person who destroys structures, vessels, trains, or airplanes, used by public offices, shall be punished by imprisonment with labor for at least one year up to ten years.

Article 142 (Invalidity of Goods Kept in Public Custody)

A person who damages or conceals his or her own goods for which a management order was issued by a public office and which have been placed under the custody of another person by order of the public office, or reduces their utility by other methods, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 143 (Attempts)

Attempts to commit the crimes specified in Articles 140 to the preceding Article shall be punished.

Article 144 (Special Obstruction of Public Duty)

(1) A person who commits the crimes specified in Articles 136, 138, and 140 to the preceding Article through the threat of collective force or by carrying a dangerous weapon shall be punished by increasing one half of the punishments specified in the relevant Articles.

(2) A person who commits the crime of paragraph (1) to injure a public official

Article 142 ~ 144

shall be punished by imprisonment with labor for a limited term of at least three years. If it results in the death of a public official, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least five years. <Amended on Dec. 29, 1995>

CHAPTER IX CRIMES OF ESCAPE AND HARBORING CRIMINALS

Article 145 (Escape and Violation of Summoning Order)

(1) A person who, having been in lawful arrest or custody, escapes, shall be punished by imprisonment with labor for not more than one year.

(2) A person who, having been temporarily set free from custody due to an act of God or an incident or under statutes or regulations, violates the summoning order without good reason shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 146 (Special Escape)

A person who, by destroying an accommodating device or shackle, or using violence or intimidation to others, or accompanied by two or more persons, commits the crime of paragraph (1) of the preceding Article, shall be punished by imprisonment with labor for not more than seven years.

Article 145 ~ 146

Article 147 (Helping Escape)

A person who forcibly abducts one who is in lawful custody or who causes such person to escape, shall be punished by imprisonment with labor for not more than ten years.

Article 148 (Escape Caused by Prison Guard)

A prison guard or conveyor who causes a person in lawful custody to escape, shall be punished by imprisonment with labor for at least one year nor more than ten years.

Article 149 (Attempts)

Attempts to commit any crime of the preceding four Articles shall be punished.

Article 150 (Preparations, Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Articles 147 and 148, shall be punished by imprisonment with labor for not more than three years.

Article 151 (Harboring Criminal and Special Exceptions to Relatives)

(1) A person who harbors one who has committed a crime punishable by fine or heavier punishment, or who causes such person to escape, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won. <Amended

Article 147 ~ 151

on Dec. 29, 1995>

(2) If the crime of the preceding paragraph is committed by a relative or a family member living together with the said person for the benefit of the criminal, it shall not be punishable. <Amended on Mar. 31, 2005>

CHAPTER X CRIMES OF PERJURY AND DESTRUCTION OF EVIDENCE

Article 152 (Perjury, Malicious Perjury)

(1) A witness who, having sworn according to Acts, gives false statement, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) As regards a criminal or disciplinary case, a witness who, for the purpose of causing injury to an accused, or a criminal, or disciplinary suspect, commits the crime of the preceding paragraph shall be punished by imprisonment for not more than ten years.

Article 153 (Confession, Self-Denunciation)

When a person who, having committed the crime of the preceding Article, makes a voluntary confession or denounces himself or herself before the judgment of a criminal or disciplinary case in which he or she has given false statement becomes final, punishment

Article 152 ~ 153

for him or her shall be mitigated or remitted.

Article 154 (Fraudulent Expert Opinion, Interpretation, and Translation)

An expert witness, interpreter, or translator who, having sworn according to Acts, gives a false expert opinion or a false interpretation or a false translation, shall be punished in accordance with the provisions of the preceding two Articles.

Article 155 (Destruction of Evidence and Special Exception to Relatives)

(1) A person who destructs, conceals, forges, or alters the evidence in a criminal or disciplinary case against another or who uses the forged or altered evidence, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(2) A person who harbors a witness or causes him or her not to testify in a criminal or disciplinary case against another, shall also be punished by the imprisonment or fine as referred to in paragraph (1). <Amended on Dec. 29, 1995>

(3) A person who, for the purpose of causing injury to an accused, or a criminal or disciplinary suspect, commits the crimes under the

Article 154 ~ 155

preceding two paragraphs, shall be punished by imprisonment with labor for not more than ten years.

(4) If a crime under this Article is committed by a relative or a family member living together with the said person for the benefit of the criminal, it shall not be punishable. <Amended on Mar. 31, 2005>

CHAPTER XI CRIMES OF FALSE ACCUSATION

Article 156 (False Accusation)

A person who reports false information to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another, shall be punished by imprisonment with labor for not more than ten years, or a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 157 (Confession, Self-Denunciation)

@Article 153 shall apply mutatis mutandis to the preceding Article.

CHAPTER XII CRIMES CONCERNING DECEASED PERSONS

Article 158 (Disturbing Funeral Service)

A person who disturbs

Article 156 ~ 158

funeral rites, rituals, worship, or preaching, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 159 (Defiling Corpse)

A person who defiles a corpse, remains, or the hair of the dead, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won.

[This Article Wholly Amended on Dec. 8, 2020]

Article 160 (Excavation of Grave)

A person who excavates a grave shall be punished by imprisonment with labor for not more than five years.

Article 161 (Abandonment of Corpse)

(1) A person who damages, destroys, abandons, conceals, or takes possession of a corpse, remains, or hair of the dead, or any article deposited in a coffin, shall be punished by imprisonment with labor for not more than seven years.

(2) A person who commits a crime prescribed in paragraph (1) by excavating a grave shall be punished by imprisonment with labor for not more than ten years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 162 (Attempts)

Article 159 ~ 162

Attempts to commit the crimes provided in the preceding two Articles shall be punished.

Article 163 (Obstruction of Investigation of Unnaturally Dead Body)

A person who conceals or alters a corpse of a person who has died unnaturally or a corpse suspicious of unnatural death, or obstructs the investigation of such corpse by other way, shall be punished by a fine not exceeding seven million won.

[This Article Wholly Amended on Dec. 8, 2020]

CHAPTER XIII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE

Article 164 (Setting Fire to Present Living Building)

(1) A person who sets fire to and burns any building which any person uses as a residence, or any building, train, street car, automobile, ship, aircraft, or underground mining facilities in which any person exists shall be punished by imprisonment with labor for an indefinite term or for at least three years.

(2) A person who commits a crime prescribed in paragraph (1) to injure a person shall be punished by imprisonment with labor for an indefinite term or for at least five years. If it results in death,

Article 163 ~ 164

he or she shall be punished by death or imprisonment with labor for an indefinite term or for at least seven years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 165 (Setting Fire to Public Structures)

A person who sets fire to and burns a structure, train, electric car, automobile, ship, aircraft, or underground mining facilities which is used for official business or the public interest, shall be punished by imprisonment with labor for an indefinite term or for at least three years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 166 (Setting Fire to Other Structures)

(1) A person who sets fire to and burns a structure, train, electric car, automobile, ship, aircraft, or underground mining facilities other than those mentioned in Articles 164 and 165, shall be punished by imprisonment with labor for a limited term of at least two years.

(2) A person who sets fire to and burns one of the objects mentioned in paragraph (1) which he or she owns and thereby causes public danger, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding ten million won.

[This Article Wholly Amended on Dec. 8, 2020]

Article 165 ~ 166

Article 167 (Setting Fire to General Goods)

(1) A person who sets fire to and burns an object other than those objects mentioned in Articles 164 through 166 and thereby causes public danger, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) If any object mentioned in paragraph (1) is the offender's own property, he or she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won.

[This Article Wholly Amended on Dec. 8, 2020]

Article 168 (Spread of Fire)

(1) If, in consequence of the commission of a crime of Article 166 (2) or paragraph (2) of the preceding Article, a fire spreads and burns out any of the objects mentioned in Article 164, 165, or 166 (1), the offender shall be punished by imprisonment with labor for at least one year no more than ten years.

(2) If a fire spreads and burns out any of the objects mentioned in paragraph (1) of the preceding Article in consequence of the commission of a crime under paragraph (2) of the preceding Article, the offender shall be punished by imprisonment with labor for not more than five years.

Article 169 (Obstruction to Firefighting)

Article 167 ~ 169

A person who, at the time of a fire, conceals or damages firefighting apparatus or other tools, or obstructs the extinguishing of the fire by other means, shall be punished by imprisonment with labor for not more than ten years.

Article 170 (Fire Caused by Negligence)

(1) A person who, through negligence, burns an object mentioned in Article 164 or 165, or an object mentioned in Article 166 which is the property of another person shall be punished by a fine not exceeding 15 million won.

(2) A person who, through negligence, burns an object mentioned in Article 166 or 167 which is his or her own property and thereby causes public danger shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 171 (Fire Caused by Occupational Negligence, Fire by Gross Negligence)

A person who, through occupational or gross negligence, commits a crime mentioned in Article 170 shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

Article 172 (Burst of Explosive Substances)

Article 170 ~ 172

(1) A person who explodes a boiler, high pressure gas or other explosive substance and causes any danger to the life, body, or property of another person shall be punished by imprisonment with labor for a limited term of at least one year.

(2) A person who commits the crime of paragraph (1) to injure another person shall be punished by imprisonment with labor for an indefinite term or for at least three years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 172-2 (Discharge of Gas and Electricity)

(1) A person who discharges, leaks, or sprays gas, electricity, steam, radiation or radioactive substance to cause any danger to the life, body, or property of another person shall be punished by imprisonment with labor for at least one year up to ten years.

[This Article Newly Inserted on Dec. 29, 1995]

Article 173 (Obstruction to Supply of Gas and Electricity)

Article 172-2 ~ 173

(1) A person who damages, destroys, or removes gas, electricity, or steam works or obstructs the supply or use of gas, electricity or steam by other means, thereby endangering the public, shall be punished by imprisonment with labor for at least one year up to ten years. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who damages, destroys, or removes gas, electricity, or steam works for public use or obstructs the supply or use of gas, electricity or steam by other means. <Amended on Dec. 29, 1995>

(3) A person who commits the crime of paragraph (1) or (2) to injure another shall be punished by imprisonment for a limited term of at least two years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least three years. <Amended on Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 173-2 (Burst of Explosive Substances by Negligence)

(1) A person who, by negligence, commits a crime prescribed in any provision of Articles 172 (1), 172-2 (1), 173 (1) and (2) shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 15 million won.

(2) A person who, by occupational or gross negligence, commits the crime of paragraph (1) shall be punished by imprisonment without labor

Article 173-2

f not me than seven years by a fine not exceeding 20 million won.

[This Article Newly Inserted on Dec. 29, 1995]

Article 174 (Attempts)

Attempts to commit the crimes as prescribed in Articles 164 (1), 165, 166 (1), 172 (1), 172-2 (1), 173 (1) and (2), shall be punished.

[This Article Wholly Amended on Dec. 29, 1995]

Article 175 (Preparations or Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Articles 164 (1), 165, 166 (1), 172 (1), 172-2 (1), 173 (1) and (2), shall be punished by imprisonment with labor for not more than five years: Provided, That when he or she denounces himself or herself before the commission of such crimes as intended, the punishment shall be mitigated or remitted. <Amended on Dec. 29, 1995>

Article 176 (Criminal's Property Which is Subject to Another Person's Right)

Property owned by a criminal but subject to attachment or other execution or which is subject to another person's right or insurance is regarded as that of another person in application of the provisions of this Chapter.

Article 174 ~ 176

CHAPTER XIV CRIMES CONCERNING INUNDATION AND WATER UTILIZATION

Article 177 (Inundation of Present Living Building with Water)

(1) A person who makes water overflow and damage any building used by another person as residence, or any building, train, street car, automobile, ship, aircraft or mine shaft in which another person exists shall be punished by imprisonment with labor for an indefinite term or for at least three years.

(2) A person who commits the crime prescribed in paragraph (1) to injure another person shall be punished by imprisonment with labor for an indefinite term or for at least five years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least seven years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 178 (Inundation to Public Structures)

A person who causes an inundation, thereby damaging a structure, train, electric car, automobile, vessel, aircraft or mine which is used for official business or public interest shall be punished by imprisonment with labor for an indefinite term or for at least two years.

Article 179 (Inundation to Other Structures)

Article 177 ~ 179

(1) A person who causes an inundation, thereby damaging a structure, train electric car, automobile, vessel, aircraft or mine other than mentioned in the preceding two Articles, or other property which belongs to another person, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who causes an inundation and damages an object mentioned in the preceding paragraph which is his or her own property, thereby causing public danger, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(3) The provisions of Article 176 shall apply mutatis mutandis to this Article.

Article 180 (Obstruction of Flood Control)

A person who, at the time of flood, damages or conceals flood protection apparatus or obstructs flood control by other means, shall be punished by imprisonment with labor for not more than ten years.

Article 181 (Inundation Caused by Negligence)

A person who, through negligence, causes an inundation, thereby damaging an object mentioned in Article 177 or 178 or who damages an object mentioned in Article 179, thereby causing public danger, shall be punished by a fine not exceeding ten million won.

Article 180 ~ 181

Article 182 (Attempts)

Attempts to commit the crimes referred to in Articles 177 through 179 (1), shall be punished.

Article 183 (Preparations or Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Articles 177 through 179 (1), shall be punished by imprisonment with labor for not more than three years.

Article 184 (Obstruction of Water Utilization)

A person who breaks an embankment or destroys a sluice, or otherwise obstructs water utilization, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won.

[This Article Wholly Amended on Dec. 8, 2020]

CHAPTER XV CRIMES OF TRAFFIC OBSTRUCTION

Article 185 (General Obstruction of Traffic)

A person who damages, destroys or blocks a road, water-way, or bridge, or obstructs traffic by other means, shall be punished by imprisonment

Article 182 ~ 185

with labor for not more than ten years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 186 (Obstruction of Train and Vessel Traffic)

A person who, by damaging or destroying a railroad, light-house or its signal or by any other means, obstructs traffic of a train, electric car, automobile, vessel or aircraft, shall be punished by imprisonment with labor for a limited term of at least one year.

Article 187 (Derailing Train)

A person, who overturns, buries, crashes or destroys a train, electric car, automobile, vessel, or aircraft in which persons are actually present, shall be punished by imprisonment with labor for an indefinite term or for at least three years.

Article 188 (Death or Injury caused by Obstruction of Traffic)

A person who commits any of the crimes of Articles 185 through 187, thereby injuring another person, shall be punished by imprisonment with labor for an indefinite term or for at least three years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 189 (Negligence, Occupational Negligence, Gross Negligence

Article 186 ~ 189

)

(1) A person who, by negligence, commits the crimes of Articles 185 through 187 shall be punished by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) A person who, by occupational or gross negligence, commits the crimes of Articles 185 through 187, shall be punished by imprisonment without labor for not more than three years or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

Article 190 (Attempts)

Attempts to commit the crimes specified in Articles 185 through 187 shall be punished.

Article 191 (Preparations or Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Article 186 or 187, shall be punished by imprisonment with labor for not more than three years.

CHAPTER XVI CRIMES CONCERNING DRINKING WATER

Article 192 (Obstruction of Use of Drinking Water)

(1) A person who, by polluting clean water which is used for daily drinking water,

Article 190 ~ 192

renders such water unfit for that use, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won.

(2) A person who puts into drinking water specified in paragraph (1) poisonous materials or other substances which may harm health, shall be punished by imprisonment with labor for not more than ten years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 193 (Obstruction of Use of Water Supply System)

(1) A person who, by polluting clean water which is supplied to the public as drinking water by a water supply system or by polluting a reservoir thereof, renders such water to be unfit for use, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who puts into drinking water or a reservoir specified in paragraph (1) poisonous materials or other substances which may harm health, shall be punished by imprisonment with labor for a limited term of at least two years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 194 (Death or Injury Caused by Mixing Drinking Water with Poison)

A person who commits a crime prescribed in Article 192 (2) or 193 (2), thereby

Article 193 ~ 194

injuring another person, shall be punished by imprisonment with labor for an indefinite term or for at least three years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 195 (Interference with Water Supply System)

A person who damages or destroys a water supply system that supplies drinking water to the public or other facilities or makes such system or facilities inoperable by other means shall be punished by imprisonment with labor for at least one year up to ten years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 196 (Attempts)

Attempts to commit the crimes specified in Articles 192 (2) and 193 (2), and the preceding Article shall be punished.

Article 197 (Preparations, Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Article 192 (2), 193 (2) or 195, shall be punished by imprisonment with labor for not more than two years.

CHAPTER XVII CRIMES CONCERNING OPIUM

Article 195 ~ 197

Article 198 (Manufacture of Opium)

A person who manufactures, imports, or sells opium, morphine, or its composite or who possesses it for the purpose of sale, shall be punished by imprisonment with labor for not more than ten years.

Article 199 (Manufacture of Opium Smoking Instrument)

A person who manufactures, imports, or sells an instrument for smoking opium or who possesses it for the purpose of sale shall be punished by imprisonment with labor for not more than five years.

Article 200 (Opium Importation by Customs Official)

A customs official who imports or permits importation of opium, morphine, or its composite or an instrument for smoking opium, shall be punished by imprisonment with labor for at least one year.

Article 201 (Smoking Opium and Provision of Place)

(1) A person who ingests opium or receives a morphine injection, shall be punished by imprisonment with labor for not more than five years.

(2) The preceding paragraph shall apply to a person who profits by providing a place for smoking opium or for injecting morphine.

Article 198 ~ 201

Article 202 (Attempts)

Attempts to commit any crime of the preceding four Articles shall be punished.

Article 203 (Habitual Crimes)

A person who habitually commits any of the crimes of the preceding five Articles shall be punished by aggravating the penalty by up to one half of the penalty specified in the relevant Article.

Article 204 (Suspension of Qualifications and Imposition of Fine)

In the case of Articles 198 through 203, the suspension of qualifications for not more than ten years, or a fine not exceeding 20 million won may be concurrently imposed. <Amended on Dec. 29, 1995>

Article 205 (Possession of Opium)

A person who possesses opium, morphine, its composite or an instrument for smoking opium, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 206 (Confiscation, Subsequent Collection)

Opium, morphine, its composite, or an instrument for smoking opium, having been used for any crime in this Chapter, shall be confiscated.

Article 202 ~ 206

If it is impossible to confiscate such item, the equivalent value thereof shall be collected.

CHAPTER XVIII CRIMES CONCERNING CURRENCY

Article 207 (Crimes of Counterfeiting Currency)

(1) A person who, for the purpose of uttering, counterfeits or alters a current coin, paper money, or bank note of the Republic of Korea shall be punished by imprisonment with labor for an indefinite term or for at least two years.

(2) A person who, for the purpose of uttering, counterfeits or alters a foreign coin, paper money or bank note which is current in this country shall be punished by imprisonment with labor for a limited term of at least one year.

(3) A person who, for the purpose of uttering, counterfeits or alters a foreign coin, paper money or bank note which is current in a foreign country shall be punished by imprisonment with labor for not more than ten years.

(4) A person who utters a counterfeited or altered currency as referred to in the preceding three paragraphs, or who, for the purpose of uttering, imports or exports the same shall be punished by penalty as prescribed against each crime of counterfeit or alteration.

Article 208 (Acquisition of Counterfeited Currency)

Article 207 ~ 208

A person who, for the purpose of uttering, acquires counterfeited or altered currency specified in Article 207 shall be punished by imprisonment with labor for not more than five years or a fine exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 209 (Concurrent Imposition of Suspension of Qualifications or of Fine)

When a person is punished by limited imprisonment with labor for the violations of Article 207 or 208, suspension of qualifications for not more than ten years or a fine not exceeding 20 million won may be concurrently imposed. <Amended on Dec. 29, 1995>

Article 210 (Circulation of Currency Known to Be Counterfeited)

A person who, after obtaining the currency specified in Article 207, utters the same, knowing it to be counterfeited or altered, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won.

[This Article Wholly Amended on Dec. 8, 2020]

Article 211 (Manufacture of Articles Similar to Currency)

(1) A person who, for the purpose of sale, manufactures, imports, or exports articles similar to a coin, paper money, or bank note which

Article 209 ~ 211

is current or circulated in tis country or abroad, sall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who sells items specified in the preceding paragraph.

Article 212 (Attempts)

Attempts to commit the crimes specified in Articles 207, 208 and the preceding Article shall be punished.

Article 213 (Preparations or Conspiracies)

A person who makes preparation for or conspires with intent to commit the crimes under Article 207 (1) through (3), shall be punished by imprisonment with labor for not more than five years: Provided, That punishment shall, be mitigated or remitted if self-denunciation is made before the commission of the intended crime.

CHAPTER XIX CRIMES CONCERNING VALUABLE SECURITIES AND POSTAGE AND REVENUE STAMPS

Article 214 (Counterfeiting Valuable Securities)

(1) A person who,

Article 212 ~ 214

for the purpose of uttering, counterfeits or alters a public bond or other valuable security of the Republic of Korea or of a foreign country, shall be punished by imprisonment with labor for not more than ten years.

(2) The preceding paragraph shall apply to a person who, for the purpose of uttering, counterfeits or alters statements concerning the rights and obligations of valuable securities.

Article 215 (Drafting of Valuable Securities by Assuming False Capacity)

A person who, for the purpose of uttering, drafts valuable securities or makes an entry in matters concerning the rights and obligations thereof by assuming a false capacity, shall be punished by imprisonment with labor for not more than ten years.

Article 216 (Drafting Untrue Valuable Securities)

A person who, for the purpose of uttering, drafts false valuable securities or makes an untrue entry therein shall be punished by imprisonment with labor for not more than seven years or a fine not exceeding 30 million won. <Amended on Dec. 29, 1995>

Article 217 (Uttering Forged Valuable Securities)

A person who utters valuable securities which involve a counterfeit, alteration, drafting under a false capacity or making an untrue entry,

Article 215 ~ 217

or who, for the purpose of uttering, imports or exports the same, shall be punished by imprisonment with labor for not more than ten years.

Article 218 (Forgery of Revenue or Postage)

(1) A person who, for the purpose of uttering, counterfeits or alters a revenue or postage stamp, or other vouchers indicating the postage of the Republic of Korea or of a foreign country, shall be punished by imprisonment with labor for not more than ten years. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who utters a counterfeited or altered revenue or postage stamp, or other vouchers indicating the postage of the Republic of Korea or of a foreign country or who, for the purpose of uttering, imports or exports the same. <Amended on Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 219 (Acquisition of Forged Postage or Revenue Stamp)

A person who, for the purpose of uttering, obtains a counterfeited or altered postage or revenue stamp of the Republic of Korea or of a foreign country, shall be punished by imprisonment with labor for not more than three years, or fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 220 (Concurrent Imposition of Suspension of Qualifications or of Fine)

Article 218 ~ 220

If a person is punished by imprisonment with labor for commitment of the crime as prescribed in Articles 214 through 219, the suspension of qualifications for not more than ten years or a fine not exceeding 20 million won may be imposed concurrently.

[This Article Wholly Amended on Dec. 29, 1995]

Article 221 (Erasure of Postmark)

Any person who erases, with the intention of use, the postmarks of any revenue or postage stamps issued by the Republic of Korea or foreign countries, or other vouchers indicating the postage, or other markings of use, shall be punished by imprisonment with labor for not more than one year, or a fine not exceeding three million won.

[This Article Wholly Amended on Dec. 29, 1995]

Article 222 (Manufacture of Articles Similar to Stamps and Postage)

(1) Any person who manufactures, imports or exports with the intention of sale, the public bonds, revenue or postage stamp issued by the Republic of Korea or foreign countries, or things similar to the postmarks or vouchers indicating the postage, shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 221 ~ 222

(2) The preceding paragraph shall apply to a person who sells the items mentioned in the preceding paragraph.

[Title Amended on Feb. 29, 1995]

Article 223 (Attempts)

Attempts to commit any of the crimes of Articles 214 through 219 and the preceding Article shall be punished.

Article 224 (Preparations or Conspiracies)

A person who makes preparations or conspires with the intent to commit any of the crimes of Articles 214, 215, and 218 (1), shall be punished by imprisonment with labor for not more than two years.

CHAPTER XX CRIMES CONCERNING DOCUMENTS

Article 225 (Counterfeit or Alteration of Official Document)

A person who, for the purpose of uttering, counterfeits or alters a document or drawing, of a public official or a public office, shall be punished by imprisonment with labor for not more than ten years. <Amended on Dec. 29, 1995>

Article 226 (Drafting of Official Document by Assuming False Capacity)

A person who,

Article 223 ~ 226

for the purpose of uttering, makes a document or drawing by assuming a false capacity of public official or public office, shall be punished by imprisonment with labor for not more than ten years. <Amended on Dec. 29, 1995>

Article 227 (Preparation of False Public Document)

If a public official prepares falsely or alters any document or drawing with the intention of use, in connection with his or her duties, he or she shall be punished by imprisonment with labor for not more than seven years, or a fine not exceeding 20 million won.

[This Article Wholly Amended on Dec. 29, 1995]

Article 227-2 (Falsification or Alteration of Public Electromagnetic Records)

A person with the intention of disrupting conduct of affairs falsify or alters special media records, such as electronic records, of a public official or public office shall be punished by imprisonment with labor not more than ten years.

[This Article Newly Inserted on Dec. 29, 1995]

Article 228 (Untrue Entry in Officially Authenticated Original Deed)

(1) Any person who makes a false report to a public official and has that official

Article 227 ~ 228

enter record any false fact in the authentic deed or identical special media records, such as electronic records, shall be punished by imprisonment with labor for not more than five years or a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) A person who makes an untrue statement to a public official, thereby causing a false entry to be made in a license, permit, registration certificate or passport, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 229 (Uttering of Falsified Public Document)

Any person who utters any document, drawing, special media records, such as electronic records, original of the authentic deed, license, permit, registration certificate, or passport, which is made by the crime as prescribed in Articles 225 through 228, shall be punished by the penalty as prescribed against each crime.

[This Article Wholly Amended on Dec. 29, 1995]

Article 230 (Unlawful Uttering of Official Document)

A person, who unlawfully utters a document or drawing of a public official or public office, shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 229 ~ 230

Article 231 (Counterfeit or Alteration of Private Document)

A person who, for the purpose of uttering, counterfeits or alters another person's document or drawing which pertains to right, duty, or a certification of a fact by assuming the capacity of another person, shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 232 (Drafting of Private Document by Assuming False Capacity)

A person who, for the purpose of uttering, makes a document or drawing which pertains to a right, duty, or a certification of a fact by assuming the capacity of another person, shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 232-2 (Falsification or Alteration of Private Electromagnetic Records)

Any person who falsifies or alters, with the intention of disrupting conduct of affairs, any special media records, such as another person's electronic records pertaining to a right, duty, or a certification of a fact, shall be punished by imprisonment with

Article 231 ~ 232-2

labor for not more than five years, or a fine not exceeding ten million won.

[This Article Newly Inserted on Dec. 29, 1995]

Article 233 (Preparation of False Medical Certificate)

If a medical or herb doctor, dentist or midwife prepares a false medical certificate, post-mortem examination or certificate life or death, he or she shall be punished by imprisonment with or without labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding 30 million won.

[This Article Wholly Amended on Dec. 29, 1995]

Article 234 (Uttering of Falsified Private Document)

Any person who utters any document, drawing or special media records, such as electronic records, etc., made by the crime as prescribed in Articles 231 through 233, shall be punished by the same penalty as prescribed for the respective crime.

[This Article Wholly Amended on Dec. 29, 1995]

Article 235 (Attempts)

Attempts to commit the crimes of Articles 225 through 234 shall be punished. <Amended on Dec. 29, 1995>

Article 236 (Unlawful Uttering of Private Document)

Article 233 ~ 236

A person who unlawfully utters another person's document or drawing which pertains to a right, duty, or a certification of a fact shall be punished by imprisonment with or without labor for not more than one year or by a fine not exceeding three million won. <Amended on Dec. 29, 1995>

Article 237 (Concurrent Imposition of Suspension of Qualifications)

Where a person has committed the crimes as prescribed in Articles 225 through 227-2 and should be punished by the imprisonment with labor for such crimes, or the execution thereof, the penalty of suspension of qualifications for not more than ten years may be concurrently imposed. <Amended on Dec. 29, 1995>

Article 237-2 (Reproduced Documents)

For the crimes as prescribed in this Chapter, any copies of documents or drawings reproduced using the electronic reproduction machines, facsimile telegraphs or other similar apparatus, shall be considered as document or drawing.

[This Article Newly Inserted on Dec. 29, 1995]

CHAPTER XXI CRIMES CONCERNING SEALS

Article 238 (Counterfeit or Misappropriation of official Seal)

(1) A person who,

Article 237 ~ 238

for the purpose of uttering, counterfeits or wrongfully uses the seal, signature, written name, or emblem of a public official or public office, shall be punished by imprisonment with labor for not more than five years.

(2) The preceding paragraph shall apply to a person who utters a counterfeited or misappropriated seal, signature, written name or emblem of public official or a public office.

(3) In the case of the preceding two paragraphs, the penalty of suspension of qualifications for not more than seven years may be concurrently imposed.

Article 239 (Counterfeit or Misappropriation of Private Seal)

(1) A person who, for the purpose of uttering, counterfeits or wrongfully uses another's seal, signature, written name, or emblem, shall be punished by imprisonment with labor for not more than three years.

(2) The preceding paragraph shall apply to a person who utters a counterfeited or misappropriated seal, signature, written name or emblem of another.

Article 240 (Attempts)

Attempts to commit the crimes in this Chapter shall be punished.

CHAPTER XXII CRIMES CONCERNING SEXUAL MORALS

Article 239 ~ 240

Article 241 Deleted. <Jan. 6, 2016>

[This Article is deleted on Jan. 6, 2016 in accordance with the Constitutional Court's decision that held this Article unconstitutional on Feb. 26, 2015 under Act No. 13719]

Article 242 (Arranging for Prostitution)

A person who induces, entices, or procures a person to engage in sexual intercourse for gain shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995; Dec. 18, 2012>

Article 243 (Distribution of Obscene Pictures)

Any person who distributes, sells, lends, openly displays or shows any obscene documents, drawing, pictures, films or other things, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won.

[This Article Wholly Amended on Dec. 29, 1995]

Article 244 (Manufacture of Obscene Pictures)

A person who, for the purpose of accomplishing the acts as prescribed in Article 243, manufactures, possesses, imports or exports obscene goods, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million

Article 241 ~ 244

w. <Amended Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 245 (Public Indecency)

A person who publicly commits an obscene act shall be punished by imprisonment with labor for not more than one year, a fine not exceeding five million won, detention, or a minor fine. <Amended on Dec. 29, 1995>

CHAPTER XXIII CRIMES CONCERNING GAMBLING AND LOTTERY TICKETS

Article 246 (Gambling and Habitual Gambling)

(1) A person who commits the offense of gambling shall be punished by a fine not exceeding ten million won: Provided, That gambling for a mere pastime shall be exonerated from the punishment.

(2) A person who habitually commits the crime of paragraph (1) shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 20 million won.

[This Article Wholly Amended on Apr. 5, 2013]

Article 247 (Setting up Places for Gambling)

A person who, for gain, sets up a place or space for gambling shall be punished

Article 245 ~ 247

by imprisonment with labor for not more than five years, or by a fine not exceeding 30 million won.

[This Article Wholly Amended on Apr. 5, 2013]

Article 248 (Sale of Lottery Tickets)

(1) A person who sells any lottery ticket unauthorized by statutes or regulations shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 30 million won.

(2) A person who acts as a go-between for the sale of any lottery ticket under paragraph (1) shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 20 million won.

(3) A person who acquires any lottery ticket under paragraph (1) shall be punished by a fine not exceeding ten million won.

[This Article Wholly Amended on Apr. 5, 2013]

Article 249 (Concurrent Imposition of Fines)

A fine not exceeding ten million won may be concurrently imposed for a crime prescribed in Article 246 (2), 247, or 248 (1).

[This Article Wholly Amended on Apr. 5, 2013]

CHAPTER XXIV CRIMES OF HOMICIDE

Article 248 ~ 249

Article 250 (Murder, Killing Ascendant)

(1) A person who kills another shall be punished by death, or imprisonment with labor for an indefinite term or for at least five years.

(2) A person who kills one’s own or any lineal ascendant of one’s spouse shall be punished by death, imprisonment with labor for an indefinite term or for at least seven years. <Amended on Dec. 29, 1995>

Article 251 (Infanticide)

A lineal ascendant who kills a baby while being delivered or immediately after the delivery in order to avoid disgrace or for fear of the impossibility of bringing the baby up or for some other extenuating motive shall be punished by imprisonment with labor for not more than ten years.

Article 252 (Murder upon Request or with Consent)

(1) A person who kills another upon one’s request or with one’s consent shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who instigates or aids and abets another to commit suicide shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 253 (Murder upon Request through Fraudulent Means)

Article 250 ~ 253

A person who obtains another's request, consent or resolution to commit suicide in the case of the preceding Article through fraudulent means or by the threat of force shall be punished in accordance with Article 250.

Article 254 (Attempts)

Attempts to commit any crime of the preceding four Articles shall be punished.

Article 255 (Preparations or Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes of Articles 250 through 253, shall be punished by imprisonment with labor for not more than ten years.

Article 256 (Concurrent Imposition of Suspension of Qualifications)

When imprisonment with labor for a limited term is to be imposed, for the crimes of Article 250, 252 or 253, suspension of qualifications for not more than ten years may be concurrently imposed.

CHAPTER XXV CRIMES OF INFLICTING BODILY INJURY AND VIOLENCE

Article 257 (Inflicting Bodily Injury on Other or on Lineal Ascend

Article 254 ~ 257

ant)

(1) A person who inflicts a bodily injury upon another shall be punished by imprisonment with labor for not more than seven years or suspension of qualifications for not more than ten years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) When the crime as referred in paragraph (1) is committed on a lineal ascendant of the offender or of his or her spouse, he or she shall be punished by imprisonment with labor for not more than ten years or a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

(3) Attempts to commit the crimes of the preceding two paragraphs shall be punished.

Article 258 (Aggravated Bodily Injury on Other or on Lineal Ascendant)

(1) A person who inflicts bodily injury upon another, thereby endangering one’s life, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) The preceding paragraph shall apply to a person who, in consequence of injuring another, causes one to be crippled or incurably or hopelessly diseased.

(3) If a person commits any of the crimes of the preceding two paragraphs against

Article 258

any of his or her lineal ascendants or any of lineal ascendants of his or her spouse, the person shall be punished by imprisonment with labor for at least two years up to 15 years. <Amended on Jan. 6, 2016>

Article 258-2 (Special Bodily Injury on Another)

(1) A person who commits the crime of Article 257 (1) or (2) by the threat of collective force or by carrying a dangerous weapon shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who commits the crime of Article 258 by the threat of collective force or by carrying a dangerous weapon shall be punished by imprisonment with labor for at least two years up to 20 years.

(3) Attempts to commit the crime of paragraph (1) shall be punished.

[This Article Newly Inserted on Jan. 6, 2016]

Article 259 (Death Resulting from Bodily Injury)

(1) A person who inflicts bodily injury upon another, thereby causing his or her death, shall be punished by limited imprisonment with labor for at least three years. <Amended on Dec. 29, 1995>

(2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of his or her spouse, he or she shall

Article 258-2 ~ 259

be punished by imprisonment with labor for an indefinite term or for at least five years.

Article 260 (Crime of Violence)

(1) A person who uses violence against another shall be punished by imprisonment with labor for not more than two years, a fine not exceeding five million won, detention, or a minor fine. <Amended on Dec. 29, 1995>

(2) When the crime as referred to in paragraph (1) is committed on a lineal ascendant of the offender or of his or her spouse, he or she shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(3) The crimes as referred to in paragraphs (1) and (2) shall not be prosecuted over the express objection of the victim. <Amended on Dec. 29, 1995>

Article 261 (Special Violence)

When the crime as referred to in Article 260 (1) or (2) is committed through the threat of collective force or by carrying a dangerous weapon, the offender shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 262 (Death or Injury Resulting from Violence)

A person who commits

Article 260 ~ 262

a crime prescribed in Articles 260 and 261, thereby causing death or injury, shall be punished in accordance with Articles 257 through 259.

[This Article Wholly Amended on Dec. 8, 2020]

Article 263 (Simultaneous Crimes)

When two or more persons use violence against another and thereby injuring the latter, such persons, if it is impossible to determine which person caused the injury, shall be regarded to be co-principals.

Article 264 (Habitual Crimes)

A person who habitually commits any of the crimes of Article 257, 258, 258-2, 260 or 261 shall be punished by increasing one half of the penalty specified for the relevant crime. <Amended on Jan. 6, 2016>

Article 265 (Concurrent Imposition of Suspension of Qualifications)

In the case of Articles 257 (2), 258, 258-2, 260 (2), 261 and the preceding Article, the suspension of qualifications for not more than ten years may be concurrently imposed. <Amended on Jan. 6, 2016>

CHAPTER XXVI CRIMES OF INFLICTING BODILY INJURY AND DEATH THROUGH NEGLIGENCE

Article 263 ~ 265

Article 266 (Bodily Injury by Negligence)

(1) A person who inflicts a bodily injury upon another through negligence shall be punished by a fine not exceeding five million won, detention or a minor fine. <Amended on Dec. 29, 1995>

(2) The crime as referred to in paragraph (1) shall not be prosecuted against the express objection of the victim. <Amended on Dec. 29, 1995>

Article 267 (Death by Negligence)

A person who causes the death of another by negligence shall be punished by imprisonment for not more than two years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 268 (Death and Injury by Occupational or Gross Negligence)

A person who causes the death or injury of another by occupational or gross negligence, shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.

[This Article Wholly Amended on Dec. 8, 2020]

CHAPTER XXVII THE CRIMES OF ABORTION

Article 266 ~ 268

Article 269 (Abortion)

(1) A woman who procures her own miscarriage through the use of drugs or other means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding two million won. <Amended on Dec. 29, 1995>

(2) The provision of paragraph (1) shall apply to a person who procures the miscarriage of a woman upon her request or with her consent. <Amended on Dec. 29, 1995>

(3) A person who in consequence of the commission of the crime as referred to in paragraph (2), causes the injury of a woman, shall be punished by imprisonment with labor for not more than three years. When a person causes a woman’s death in consequence of the commission of the crime as referred to in paragraph (2), he or she shall be punished by imprisonment with labor for not more than seven years. <Amended on Dec. 29, 1995>

[Inconsistency with the Constitution, 2017 Hun-Ga 127, Apr. 11, 2019, part regarding an attorney-at-law provided in Article 269 (1) and Article 270 (1) of the Certified Tax Accountant Act (Amended on Jan. 29, 1995) is all inconsistent with the Constitution. Aforesaid provision shall be applicable until the amendment to be made, not later than December 31, 2019]

Article 270 (Abortion by Doctor or Abortion without Consent)

(1) A doctor, herb

Article 269 ~ 270

doctor, midwife, pharmacist, or druggist who procures the miscarriage of a woman upon her request or with her consent, shall be punished by imprisonment with labor for not more than two years. <Amended on Dec. 29, 1995>

(2) A person who procures the miscarriage of a woman without request or consent, shall be punished by imprisonment with labor for not more than three years.

(3) When, in consequence of his or her commission of the crime as referred to in paragraph (1) or (2), a woman is injured, such perpetrator shall be punished by imprisonment with labor for not more than five years. When a woman dies, the perpetrator shall be punished by imprisonment with labor for not more than ten years. <Amended on Dec. 29, 1995>

(4) In the case of the preceding three paragraphs, suspension of qualifications for not more than seven years shall be concurrently imposed.

CHAPTER XXVIII CRIMES OF ABANDONMENT AND

Article 270

MALTREATMENT

Article 271 (Abandonment or Abandonment of Ascendant)

(1) Where a person has a legal or contractual duty to protect another person who is in need of help due to old age, infancy, illness, or other circumstances abandons such another person, the person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won.

(2) When a crime prescribed in paragraph (1) is committed on lineal ascendant of the offender or of his or her spouse, the offender shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won.

(3) A person who, in consequence of his or her commission of a crime prescribed in paragraph (1), endangers the life of another, shall be punished by imprisonment with labor for not more than seven years.

(4) A person who, in consequence of his or her commission of a crime prescribed in paragraph (2), endangers the life of another, shall be punished by imprisonment for a limited term of at least two years.

[This Article Wholly Amended on Dec. 8, 2020]

Article 272 (Abandoning Baby)

Article 271 ~ 272

A lineal ascendant who abandons a baby in order to avoid disgrace or for fear of not being able to bring the baby up or for some other extenuating motives, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding three million won. <Amended on Dec. 29, 1995>

Article 273 (Cruelty to Another and to Lineal Ascendant)

(1) A person who cruelly treats another who is under one’s protection or supervision, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

(2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of his or her spouse, he or she shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 274 (Hard Labor by Child)

A person who delivers a child under 16 years of age who is under his or her protection or supervision over to a proprietor or his or her operator who will employ the child in such hard work as is dangerous to life or body, shall be punished by imprisonment with labor for not more than five years. The same shall apply to the other participant who hires a child for such purpose.

Article 275 (Death or Injury Caused by Abandonment)

Article 273 ~ 275

(1) A person who commits any crime of Articles 271 through 273 to injure another person, shall be punished by imprisonment with labor for not more than seven years. If it results in death, the perpetrator shall be punished by imprisonment with labor for a limited term of at least three years.

(2) A person who commits any crime of Article 271 or 273 against a lineal ascendant of his or her own or his or her spouse to injure the lineal ascendant shall be punished by imprisonment with labor for a limited term of at least three years. If it results in death, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Wholly Amended on Dec. 29, 1995]

CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL CONFINEMENT

Article 276 (False Arrest, Illegal Confinement, Those on Lineal Ascendant)

(1) A person who illegally arrests or confines another, shall be punished by imprisonment with labor for not more than five years, or a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(2) When the crime

Article 276

as referred to in paragraph (1) is committed on the lineal ascendant of the offender or his or her spouse, he or she shall be punished by limited imprisonment with labor for not more than ten years, or a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 277 (Aggravated False Arrest, Aggravated Illegal Confinement, Those on Lineal Ascendant)

(1) A person who illegally arrests or confines another, thereby treating that person cruelly, shall be punished by imprisonment with labor for not more than seven years.

(2) When the crime of the preceding paragraph is committed on the lineal ascendant of the offender or of his or her spouse, he or she shall be punished by limited imprisonment with labor for at least two years.

Article 278 (Special False Arrest or Illegal Confinement)

When a crime prescribed in any provision of the preceding two Articles is committed by means of the threat of collective force or by carrying a dangerous weapon, the perpetrator shall be punished by aggravating the penalty by up to one half of the penalty specified for the relevant crime.

Article 279 (Habitual Crimes)

A person who habitually commits any crime prescribed in Article 276 or 277 shall be punished under the preceding Article.

Article 277 ~ 279

Article 280 (Attempts)

Attempts to commit any crime of the preceding four Articles shall be punished.

Article 281 (Death or Injury caused by Arrest and Confinement)

(1) A person who commits any crime of Articles 276 through 280 to injure another person shall be punished by imprisonment with labor for a limited term of at least one year. If it results in death, the perpetrator shall be punished by imprisonment with labor for a limited term of at least three years.

(2) A person who commits any crime of Articles 276 through 280 against a lineal ascendant of his or her own or his or her spouse to injure the lineal ascendant shall be punished by imprisonment for a limited term of at least two years. If it results in death, the perpetrator shall be punished by imprisonment for an indefinite term or for at least five years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 282 (Concurrent Imposition of Suspension of Qualifications)

For the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.

CHAPTER XXX CRIMES OF INTIMIDATION

Article 280 ~ 282

Article 283 (Intimidation, Intimidation on Lineal Ascendant)

(1) A person who intimidates another shall be punished by imprisonment with labor for not more than three years, a fine of not more than five million won, detention or a minor fine. <Amended on Dec. 29, 1995>

(2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of one’s spouse, the offender shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(3) The crime as referred to in paragraphs (1) and (2) shall not be prosecuted over the express objection of the victim. <Amended on Dec. 29, 1995>

Article 284 (Special Intimidation)

When the crime of paragraph (1) or (2) of the preceding Article is committed through the threat of collective force or by carrying a dangerous weapon, the offender shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 285 (Habitual Crime)

When any crime of Article 283 (1) or (2) or the preceding Article is habitually committed, the perpetrator shall be punished by aggravating

Article 283 ~ 285

the penalty by one half of the penalty specified for the relevant crime.

Article 286 (Attempts)

Attempts to commit any crime of the preceding three Articles shall be punished.

CHAPTER XXXI CRIMES OF TRAFFICKING IN PERSONS

Article 287 (Kidnapping or Abduction of Minors)

A person who obtains and maintains a minor under the control of his or hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement shall be punished by imprisonment with labor for not more than ten years.

[This Article Wholly Amended on Apr. 5, 2013]

Article 288 (Kidnapping and Abduction for Purpose of Indecent Acts)

(1) A person who obtains and maintains another under the control of his or hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of engaging in an indecent act, sexual intercourse or marriage, or for gain shall be punished

Article 286 ~ 288

by imprisonment with labor for at least one year up to ten years.

(2) A person who obtains and maintains another under the control of his or hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs, shall be punished by imprisonment with labor for at least two years up to 15 years.

(3) The preceding paragraph shall apply to a person who obtains and maintains another under the control of his or hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of transporting him or her out of the Republic of Korea, or a person who transports such a victim out of the Republic of Korea.

[This Article Wholly Amended on Apr. 5, 2013]

Article 289 (Trafficking in Persons)

(1) A person who buys or sells another shall be punished by imprisonment with labor for not more than seven years.

(2) A person who buys or sells another for the purpose of engaging in an indecent act, sexual intercourse, marriage, or for gain, shall be punished by imprisonment with labor for at least one year up to ten years.

(3) A person who

Article 289

buys r sells anther fr the purpse f labr explitatin, sex trafficking, sexual exploitation, or the acquisition of organs shall be punished by imprisonment with labor for at least two years up to 15 years.

(4) The preceding paragraph shall apply to a person who buys or sells another for the purpose of transporting him or her or her out of the Republic of Korea, or a person who transports a purchased person out of the Republic of Korea.

[This Article Wholly Amended on Apr. 5, 2013]

Article 290 (Inflicting or Causing Another's Bodily Injury while in Kidnapping, Abduction, Trafficking in Persons and Transportation)

(1) A person who commits any of the crimes of Articles 287 through 289, thereby inflicting the injury of a victim of such crime, shall be punished by imprisonment with labor for at least three years up to 25 years.

(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the injury of a victim of such crime, shall be punished by imprisonment with labor for at least two years up to 20 years.

[This Article Wholly Amended on Apr. 5, 2013]

Article 291 (Killing Another or Causing Death of Another while in

Article 290 ~ 291

Kidnapping, Abduction, Trafficking in Persons and Transportation)

(1) A person who commits any of the crimes of Articles 287 through 289, thereby killing a victim of such crime, shall be punished by death or imprisonment with labor for an indefinite term or for at least seven years.

(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the death of a victim of such crime, shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Wholly Amended on Apr. 5, 2013]

Article 292 (Receiving and Harboring of Person Kidnapped, Abducted, Trafficked, or Transported)

(1) A person who receives or harbors a victim of any of the crimes of Articles 287 through 289, shall be punished by imprisonment with labor for not more than seven years.

(2) The preceding paragraph shall apply to a person who recruits, transfers or delivers another with the intent to commit any of the crimes of Articles 287 through 289.

[This Article Wholly Amended on Apr. 5, 2013]

Article 293 Deleted. <Apr. 5, 2013>

Article 294 (Attempts)

Article 292 ~ 294

Attempts to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1) shall be punished.

[This Article Wholly Amended on Apr. 5, 2013]

Article 295 (Concurrent Imposition of Fines)

In regard to the crimes of Articles 288 through 291 and Article 292 (1) and the attempts to commit these crimes, a fine not exceeding 50 million won may be concurrently imposed.

[This Article Wholly Amended on Apr. 5, 2013]

Article 295-2 (Mitigation of Punishment)

If a person who has committed any of the crimes of Articles 287 through 290 and Articles 292 and 294 releases the victim to a safe place, the punishment may be mitigated.

[This Article Wholly Amended on Apr. 5, 2013]

Article 296 (Preparations or Conspiracies))

A person who makes preparations or conspires with the intent to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1), shall be punished by imprisonment with labor for not more than three years.

[This Article Newly Inserted on Apr. 5, 2013]

Article 295 ~ 296

Article 296-2 (Universality)

Articles 287 through 292 and Article 294 shall apply to aliens who commit any of the crimes in these Articles outside the territory of the Republic of Korea.

[This Article Newly Inserted on Apr. 5, 2013]

CHAPTER XXXII CRIMES CONCERNING RAPE AND INFAMOUS CONDUCT

Article 297 (Rape)

A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment with labor for a limited term of at least three years. <Amended on Dec. 18, 2012>

Article 297-2 (Imitative Rape)

A person who, by means of violence or intimidation, inserts his or her sexual organ into another's bodily part (excluding a genital organ), such as mouth or anus, or inserts his or her finger or other bodily part (excluding a genital organ) or any instrument into another's genital organ or anus shall be punished by imprisonment with labor for a limited term of at least two years.

Article 296-2 ~ 297-2

[This Article Newly Inserted on Dec. 18, 2012]

Article 298 (Indecent Act by Compulsion)

A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with another or commits an indecent act on another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Article 297, 297-2, or 298. <Amended on Dec. 18, 2012>

Article 300 (Attempts)

Attempts to commit any of the crimes of Articles 297, 297-2, 298 and 299 shall be punished. <Amended on Dec. 18, 2012>

Article 301 (Inflicting or Causing Another's Bodily Injury by Rape)

A person who commits any of the crimes of Articles 297, 297-2, and 298 through 300, thereby inflicting or causing the injury of a victim of such crime, shall be punished by imprisonment with labor for an indefinite term or for at least five years. <Amended

Article 298 ~ 301

on Dec. 18, 2012>

[This Article Wholly Amended on Dec. 29, 1995]

Article 301-2 (Killing Another or Causing Death of Another by Rape)

A person who commits any of the crimes of Articles 297, 297-2, and 298 through 300 and kills a victim of such crime shall be punished by death or imprisonment with labor for an indefinite term. If the commission of such crime results in the death of the victim, the perpetrator shall be punished by imprisonment with labor for an indefinite term or for at least ten years. <Amended on Dec. 18, 2012>

[This Article Newly Inserted on Dec. 29, 1995]

Article 302 (Sexual Intercourse with Minor)

A person who, through fraudulent means or by the threat of force, has sexual intercourse or commits an indecent act on a minor or feeble-minded person, shall be punished by imprisonment with labor for not more than five years.

Article 303 (Sexual Intercourse by Abuse of Occupational Authority)

(1) A person who, by means of fraud or by the threat of authority, has sexual intercourse with another who is under his or her protection or supervision for his or her business, employment or other

Article 301-2 ~ 303

relationship, shall be punished by imprisonment with labor for not more than seven years, or by a fine not exceeding 30 million won. <Amended on Dec. 29, 1995; Dec. 18, 2012; Oct. 16, 2018>

(2) A person who has sexual intercourse with another held in his or her custody according to an Act shall be punished by imprisonment with labor for not more than 10 years. <Amended on Dec. 18, 2012; Oct. 16, 2018>

Article 304 Deleted. <Dec. 18, 2012>

Article 305 (Sexual Intercourse or Indecent Acts with Minor)

(1) A person who has sexual intercourse with or commits an indecent act on another who is under 13 years of age shall be punished under Article 297, 297-2, 298, 301, or 301-2. <Amended on Dec. 29, 1995; Dec. 18, 2012; May 19, 2020>

(2) A person 19 years of age or older who has sexual intercourse with or commits an indecent act on another who is 13 years of age or older but under 16 years of age shall be punished under Article 297, 297-2, 298, 301, or 301-2. <Newly Inserted on May 19, 2020>

Article 305-2 (Habitual Offenders)

A person who habitually

Article 304 ~ 305-2

commits any of the crimes of Articles 297, 297-2, 298 through 300, 302, 303, and 305 shall be punished by aggravating the penalty by up to one half of the penalty specified for the crime committed. <Amended on Dec. 18, 2012>

[This Article Newly Inserted on Apr. 15, 2010]

Article 305-3 (Preparations and Conspiracies)

A person who makes preparations or conspires with intent to commit the crimes specified in Articles 297, 297-2, 299 (limited to the crime of quasi-rape), 301 (limited to the crime of inflicting bodily injury by rape), or 305 shall be punished by imprisonment with labor for not more than three years.

[This Article Newly Inserted on May 19, 2020]

Article 306 Deleted. <Dec. 18, 2012>

CHAPTER XXXIII CRIMES AGAINST REPUTATION

Article 307 (Defamation)

(1) A person who defames another by publicly alleging facts shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

(2) A person who

Article 305-3 ~ 307

defames anther by publicly alleging false facts shall be punished by imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 308 (Defamation of Dead Person)

A person who defames a dead person by publicly alleging false facts shall be punished by imprisonment without with labor for not more than two years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 309 (Defamation through Printed Materials)

(1) A person who commits the crime of Article 307 (1), by means of newspaper, magazine, radio, or other publication with intent to defame another, shall be punished by imprisonment with or without labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

(2) A person who commits the crime of Article 307 (2), by the method described in paragraph (1), shall be punished by imprisonment with labor for not more than seven years or suspension of qualifications for not more than ten years, or a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 310 (Justification)

If the facts alleged

Article 308 ~ 310

under Article 307 (1) are true and solely for the public interest, the act shall not be punishable.

Article 311 (Insult)

A person who publicly insults another shall be punished by imprisonment with or without labor for not more than one year or by a fine not exceeding two million won. <Amended on Dec. 29, 1995>

Article 312 (Complaint)

(1) The crimes of Articles 308 through 311 shall be prosecuted only upon complaint. <Amended on Dec. 29, 1995>

(2) The crimes of Articles 307 through 309 shall not be prosecuted over the express objection of the victim. <Amended on Dec. 29, 1995>

CHAPTER XXXIV CRIMES AGAINST CREDIT, BUSINESS AND AUCTION

Article 313 (Injuring Credit)

A person who injures the credit of another by circulating false facts or through fraudulent means, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

Article 314 (Interference with Business)

Article 311 ~ 314

(1) A person who interferes with the business of another by the method of Article 313 or by the threat of force, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

(2) Any person who interferes with another person's business by damaging or destroying any data processor, such as computer, or special media records, such as electromagnetic records, or inputting false information or improper order into the data processor, or making any impediment in processing any data by other way, shall also be subject to the same punishment as referred to in paragraph (1). <Newly Inserted on Dec. 29, 1995>

Article 315 (Interference with Auction or Bidding)

A person who interferes with the impartial conduct of an auction or a bid through fraudulent means or by the threat of force or by other means, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

CHAPTER XXXV CRIMES OF VIOLATION OF SECRECY

Article 316 (Violation of Secrecy)

(1) A person who

Article 315 ~ 316

pens a sealed r ther secretly cmpsed letter, dcument, or drawing shall be punished by imprisonment with or without labor for not more than three years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

(2) Any person who detects the contents of another person's sealed or secretly designed letter, document, drawing, picture, or special media records, such as electromagnetic records, using any technical means, shall be subject to the same punishment as referred to in paragraph (1). <Newly Inserted on Dec. 29, 1995>

Article 317 (Occupational Disclosure of Other's Secrets)

(1) A doctor, dentist, herb doctor, pharmacist, druggist, midwife, lawyer, patent attorney, certified public accountant, notary, scrivener or his or her assistant or any person formerly engaged in such profession who discloses another's secret which has come to his or her knowledge in the course of the practice of his or her profession, shall be punished by imprisonment with or without labor for not more than three years, suspension of qualifications for not more than ten years or a fine not exceeding seven million won. <Amended on Dec. 29, 1995; Dec. 13, 1997>

(2) The preceding paragraph shall apply to a person of a religious profession who discloses another's secret which he or she has learned in the performance of his or her duties.

Article 318 (Complaint)

Article 317 ~ 318

The crimes of this Chapter shall be prosecuted upon complaint. <Amended on Dec. 29, 1995>

CHAPTER XXXVI CRIMES OF INTRUSION UPON A HUMAN HABITATION

Article 319 (Intrusion upon Habitation, Refusal to Leave)

(1) A person who intrudes upon a one’s residence, guarded building, structure or ship or occupied room, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who refuses to leave such a place upon demand as specified in the preceding paragraph.

Article 320 (Special Intrusion upon Human Habitation)

A person who commits the crimes of the preceding Article through the threat of collective force, or by carrying a dangerous weapon, shall be punished by imprisonment with labor for not more than five years.

Article 321 (Illegal Search of Human Habitation and Body)

A person who illegally searches another's body or one’s habitation, guarded building, structure, automobile, ship, aircraft or occupied

Article 319 ~ 321

room, shall be punishe by imprisonment with labor for not more than three years. <Amended on Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 322 (Attempts)

Attempts to commit any crime of this Chapter shall be punished.

CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER FROM EXERCISING HIS/HER RIGHT

Article 323 (Obstructing Another from Exercising One’s Right)

A person who carries away, conceals, destroys or damages his or her own property, or special media records, such as electromagnetic records, etc., which is possessed by another or is subject to another's right, thereby obstructing the latter from exercising one's right, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

Article 324 (Coercion)

(1) A person who obstructs another from exercising his or her right by violence or intimidation, or coerces one to do any unobliged work, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won.

Article 322 ~ 324

(2) A person who commits the crime of paragraph (1) by the threat of collective force or by carrying a dangerous weapon shall be punished by imprisonment with labor for not more ten years or by a fine not exceeding 50 million won. <Newly Inserted on Jan. 6, 2016>

Article 324-2 (Coercion by Hostage)

A person who arrests or confines another or obtains or maintains another under the control of his or hers as hostage by use of force or by enticement and interferes with the exercise of a right by a third person or force a third person to do any work the third party is not obliged to do shall be punished by imprisonment with labor for a limited term of at least three years.

[This Article Newly Inserted on Dec. 29, 1995]

Article 324-3 (Injury by Hostage)

If a person who has committed the crime as prescribed in Article 324-2, injures the hostage, or making the hostage injured, the person shall be punished by imprisonment with labor for an indefinite term or for at least five years.

[This Article Newly Inserted on Dec. 29, 1995]

Article 324-4 (Murder of Hostage)

If a person who

Article 324-2 ~ 324-4

has cmmitted the crime as prescribed in Article 324-2, murders the hostage, the person shall be punished by death or imprisonment for an indefinite term. If it results in the death, he or she shall be punished by imprisonment with labor for an indefinite term or for at least ten years.

[This Article Newly Inserted on Dec. 29, 1995]

Article 324-5 (Attempts)

Attempts to commit any crime of Articles 324 through 324-4 shall be punished.

[This Article Newly Inserted on Dec. 29, 1995]

Article 324-6 (Mitigation of Punishment)

If a person who has committed the crime as prescribed in Article 324-2 or 324-3, or who has attempt the crime, releases the hostage to a safe place, the punishment may be mitigated.

[This Article Newly Inserted on Dec. 29, 1995]

Article 325 (Forcible or Quasi-Forcible Taking)

(1) A person who forcibly takes his or her own property from another's possession by violence or intimidation, shall be punished by imprisonment with labor for not more than seven years or suspension of qualifications for not more than ten years.

(2) A person who

Article 324-5 ~ 325

takes his r her wn prperty frm anther's pssessin and uses violence or intimidation in order to resist their recovery, to escape arrest, or to obliterate a trace of the crime, shall be punished pursuant to paragraph (1).

(3) Attempts to commit a crime prescribed in paragraph (1) or (2) shall be punished.

[This Article Wholly Amended on Dec. 8, 2020]

Article 326 (Aggravated Obstruction)

A person who endangers another's life by committing the crimes as prescribed in Article 324 or 325, shall be punished by imprisonment with labor for not more than ten years. <Amended on Dec. 29, 1995>

Article 327 (Evasion of Execution)

A person who, for the purpose of evading execution, conceals, destroys, damages, fraudulently transfers or encumbers his or her property, thereby causing a loss to one's creditor, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 328 (Crimes and Complaints among Relatives)

(1) When the crime of Article 323 is committed against lineal blood relatives of the offender, the spouse, relatives living together, family members living together or their spouses, punishment therefor

Article 326 ~ 328

shall be remitted. <Amended on Mar. 31, 2005>

(2) When the crime of Article 323 is committed against relatives other than those in paragraph (1), the prosecution shall be instituted only upon complaint. <Amended on Dec. 29, 1995>

(3) The preceding paragraph shall not apply to an accomplice who is not a relative within the meaning of the preceding two paragraphs.

CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERY

Article 329 (Larceny)

A person who steals another's property shall be punished by imprisonment with labor for not more than six years or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

Article 330 (Compound Larceny)

A person who steals another's property by trespassing upon residence, guarded structure, ship, aircraft, or occupied room at night, shall be punished by imprisonment with labor for not more than ten years.

[This Article Wholly

Article 329 ~ 330

Amended on Dec. 8, 2020]

Article 331 (Special Larceny)

(1) A person who steals another's property by trespassing at night upon a place specified in Article 330 after destroying or damaging a gate, a wall, or another part of a structure, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who steals another's property, armed with a deadly weapon or accompanied by one or more persons shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 331-2 (Unlawful Use of Automobile)

Any person who uses temporarily another person's automobile, ship, air craft or motor-equipped bicycle, without consent of the person having the right to it, shall be punished by imprisonment with labor for not more than three years. fine not exceeding five million won, detention or a minor fine.

[This Article Newly Inserted on Dec. 29, 1995]

Article 332 (Habitual Crimes)

A person who habitually commits the crimes under Articles 329 through 331-2, shall be punished by aggravating by up to one half of the penalty specified in the relevant crime. <Amended on Dec.

Article 331 ~ 332

29, 1995>

Article 333 (Robbery)

A person who forcibly takes another's property or obtains pecuniary advantage from another or causes a third person to do so through violence or intimidation, shall be punished by imprisonment with labor for a limited term of at least three years.

Article 334 (Special Robbery)

(1) A person who commits the crime as prescribed in Article 333 by trespassing upon a human habitation, managed building, structure, ship or aircraft or occupied room at night, shall be punished by imprisonment with labor for an indefinite term or for at least five years. <Amended on Dec. 29, 1995>

(2) The above paragraph shall apply to a person who commits the crime of the preceding Article, armed with a deadly weapon, or accompanied by one or more persons.

Article 335 (Quasi-Robbery)

A thief who uses violence or intimidation in order to resist recovery of stolen property, to escape arrest, or to obliterate a trace of the crime, shall be punished in accordance with Articles 333 and 334.

[This Article Wholly Amended on Dec. 8, 2020]

Article 333 ~ 335

Article 336 (Robbery by Hostage)

A person who arrests or confines another or obtains or maintains another under the control of his or hers as hostage by use of force or by enticement and acquires any property or economic benefits or has a third person acquire them shall be punished by imprisonment with labor for a limited term of at least three years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 337 (Bodily Injury resulting from Robbery)

A robber who injures another or causes injury to another, shall be punished by imprisonment with labor for an indefinite term or for at least seven years. <Amended on Dec. 29, 1995>

Article 338 (Murder by Robbery)

If a robber murders another person, he or she shall be punished by death or imprisonment for an indefinite term. If such robbery results in death, he or she shall be punished by imprisonment with labor for an indefinite term or for at least ten years.

[This Article Wholly Amended on Dec. 29, 1995]

Article 339 (Robbery and Rape)

A robber who commits

Article 336 ~ 339

rape in the course of robbery shall be punished by imprisonment with labor for an indefinite term or for at least ten years. <Amended on Dec. 18, 2012>

Article 340 (Piracy)

(1) A person who, through the threat of collective force in the sea, forcibly seizes a ship or forcibly takes another's property after intruding upon a ship, shall be punished by imprisonment with labor for an indefinite term or for at least seven years.

(2) A person who commits the crime of paragraph (1), thereby inflicting or causing injury to another, shall be punished by imprisonment with labor for an indefinite term or for at least ten years. <Amended on Dec. 29, 1995>

(3) A person who commits the crime of paragraph (1), thereby killing another or causing another person's death or committing rape, shall be punished by death or by imprisonment with labor for an indefinite term. <Amended on Dec. 29, 1995; Dec. 18, 2012>

Article 341 (Habitual Crimes)

A person who habitually commits the crimes specified in Article 333, 334, 336, or 340 (1) shall be punished by imprisonment with labor for an indefinite term or for at least ten years.

Article 342 (Attempts)

Article 340 ~ 342

A person who attempts to commit any crime of Articles 329 through 341 shall be punished.

[This Article Wholly Amended on Dec. 29, 1995]

Article 343 (Preparations or Conspiracies)

A person who makes preparations or conspires with the intent to commit robbery shall be punished by imprisonment with labor for not more than seven years.

Article 344 (Crimes Among Relatives)

The provisions of Article 328 shall apply mutatis mutandis to the crimes of Articles 329 through 332 and attempts thereof.

Article 345 (Concurrent Imposition of Suspension of Qualifications)

When imprisonment with labor for a limited term is to be imposed on a person who commits the crimes of this Chapter, the suspension of qualifications may be concurrently imposed.

Article 346 (Energy)

In regard to the crimes of this Chapter, energy which is subject to human control shall be deemed to be property.

CHAPTER XXXIX CRIMES OF FRAUD AND EXTORT

Article 343 ~ 346

ION

Article 347 (Fraud)

(1) A person who defrauds another, thereby taking property or obtaining pecuniary advantage from another, shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to take property or to obtain pecuniary advantage from the latter.

Article 347-2 (Fraud by Use of Computer)

Any person who acquires any benefits to property or has a third person acquire them, by making any data processed after inputting a false information or improper order, or inputting or altering the data without any authority into the data processor, such as computer, etc., shall be punished by imprisonment with labor for not more than ten years, or a fine not exceeding 20 million won.

[This Article Wholly Amended on Dec. 29, 2001]

Article 348 (Quasi-Fraud)

(1) A person who, by taking advantage of the lack of critical faculty of a

Article 347 ~ 348

minor or the mental disorders of another, takes property or obtains pecuniary advantage from the latter, shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 20 million won.

(2) A person who, by a method prescribed in paragraph (1), causes a third person to take property or to obtain pecuniary advantage from the latter shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 348-2 (Unlawful Use of Facilities for Convenience)

Any person who acquires any property or benefits to property using any automatic vending machine, public telephone or other pay automatic equipment, without paying the price, by an unlawful way, shall be punished by imprisonment with labor for not more than three years, or a fine not exceeding five million won, detention or a minor fine.

[This Article Newly Inserted on Dec. 29, 1995]

Article 349 (Unjustifiable Profit)

(1) A person who makes unjustifiable profits by taking advantage of the needy condition of another, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won.

(2) A person who, by a method prescribed in paragraph (1), causes a third person

Article 348-2 ~ 349

to make unjustifiable profits shall be punished pursuant to paragraph (1).

[This Article Wholly Amended on Dec. 8, 2020]

Article 350 (Extortion)

(1) A person who, by extortion, causes another to surrender his or her property or obtains pecuniary advantage from the latter, shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to obtain a surrender of such person's property or to obtain pecuniary advantage from the latter.

Article 350-2 (Special Extortion)

A person who commits the crime of Article 350 by the threat of collective force or by carrying a dangerous weapon shall be punished by imprisonment with labor for at least one year up to 15 years.

[This Article Newly Inserted on Jan. 6, 2016]

Article 351 (Habitual Crimes)

A person who habitually commits the crimes of Articles 347 through 350, shall be punished by increasing one half of the penalty specified

Article 350 ~ 351

in the relevant crime.

Article 352 (Attempts)

Attempts to commit any crime of Articles 347 through 348-2, 350, 350-2, and 351 shall be punished. <Amended on Jan. 6, 2016>

[This Article Wholly Amended on Dec. 29, 1995]

Article 353 (Concurrent Imposition of Suspension of Qualifications)

In regard to the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.

Article 354 (Crimes among Relatives, Energy)

The provisions of Articles 328 and 346 shall apply mutatis mutandis to the crimes of this Chapter.

CHAPTER XL EMBEZZLEMENT AND BREACH OF TRUST

Article 355 (Embezzlement and Breach of Trust)

(1) A person who, having the custody of another's property, embezzles or refuses to return it, shall be punished by imprisonment with labor

Article 352 ~ 355

for not more than five years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who, administering another's business, obtains pecuniary advantage or causes a third person to do so from another in violation of one's duty, thereby causing loss to such person.

Article 356 (Occupational Embezzlement, Occupational Breach of Trust)

A person who commits the crime as prescribed in Article 355 in violation of the duties of one's occupation, shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 30 million won. <Amended on Dec. 29, 1995>

Article 357 (Receiving or Giving Bribe by Breach of Trust)

(1) A person who, administering another's business, receives property or obtains pecuniary advantage from a third party or aids and abets a third person to receive property or obtain pecuniary advantage, in response to an illegal solicitation concerning his or her duty, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding ten million won. <Amended on May 29, 2016>

(2) A person who gives the property or pecuniary advantage specified in paragraph (1) shall be punished by imprisonment with labor for

Article 356 ~ 357

not more than two years or by a fine not exceeding five million won. <Amended on Dec. 8, 2020>

(3) The property specified in paragraph (1) that has been obtained by the offender or a third party having knowledge of its nature shall be confiscated. If confiscation is impossible or pecuniary advantage has been obtained, the equivalent price thereof shall be collected. <Amended on May 29, 2016; Dec. 8, 2020>

[Title Amended on Jul. 29, 2016]

Article 358 (Concurrent Imposition of Suspension of Qualifications)

In regard to the crimes of the preceding three Articles, suspension of qualifications for not more than ten years may be concurrently imposed.

Article 359 (Attempts)

Attempts to commit any crime of Articles 355 through 357 shall be punished.

Article 360 (Embezzlements of Lost Articles)

(1) A person who wrongfully appropriates lost articles, driftage, or any other property of which possession has been lost, shall be punished by imprisonment with labor for not more than one year or a fine not exceeding three million won or a minor fine. <Amended

Article 358 ~ 360

on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who appropriates buried articles.

Article 361 (Crimes among Relatives, Energy)

The provisions of Articles 328 and 346 shall apply mutatis mutandis to the crimes of this Chapter.

CHAPTER XLI CRIMES CONCERNING STOLEN PROPERTY

Article 362 (Acquiring Stolen Property and Aiding

(1) A person who acquires, transports or takes custody of stolen property, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 15 million won. <Amended on Dec. 29, 1995>

(2) The preceding paragraph shall apply to a person who aids in the crime of the preceding paragraph.

Article 363 (Habitual Crimes)

(1) A person who habitually commits the crimes specified in the preceding Article shall be punished by imprisonment with labor for at least one year up to ten years.

(2) In regard to paragraph (1), suspension of qualifications for not more than

Article 361 ~ 363

ten years or a fine not exceeding 15 million won may be concurrently imposed. <Amended on Dec. 29, 1995>

Article 364 (Occupational Negligence, Gross Negligence)

A person who commits the crimes of Article 362 through occupational negligence or gross negligence shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 365 (Crimes among Relatives)

(1) The provisions of Article 328 shall apply mutatis mutandis to the case where there is such a relationship as specified in, Article 328 (1) and (2) between the person who commits any of the crimes of the preceding three Articles and the victim.

(2) When there is such a relationship as specified in Article 328 (1) between the person who commits any of the crimes of the preceding three Articles and the original criminal, the punishment may be mitigated or remitted: Provided, That these provisions shall not apply to an accomplice who lacks such a relationship.

CHAPTER XLII DESTRUCTION

Article 366 (Destruction and Damage of Property)

A person who, by destroying, damaging, or concealing another's property document

Article 364 ~ 366

or special media records, such as electromagnetic records, etc., or by any other means, reduces their utility, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding seven million won. <Amended on Dec. 29, 1995>

[Title Amended on Feb. 29, 1995]

Article 367 (Destruction of Structure for Public Use)

A person who destroys a structure being used for the public interest, shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

Article 368 (Aggravated Destruction and Damage)

(1) A person who commits any crime of the preceding two Articles, thereby endangering another's life or limb, shall be punished by imprisonment with labor for at least one year up to ten years.

(2) A person who commits any crime of Article 366 or 367 to injure another person shall be punished by imprisonment for a limited term of at least one year. If it results in death, the perpetrator shall be punished by imprisonment with labor for a limited term of at least three years. <Amended on Dec. 29, 1995>

Article 369 (Special Destruction and Damage)

(1) A person who

Article 367 ~ 369

cmmits the crime f Article 366 thrugh the threat f cllective force or by carrying a dangerous weapon, shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding ten million won. <Amended on Dec. 29, 1995>

(2) A person who commits the crime of Article 367 by the methods paragraph (1) shall be punished by imprisonment with labor for a limited term of at least one year or by a fine not exceeding 20 million won. <Amended on Dec. 29, 1995>

Article 370 (Trespassing Boundary)

A person who, by destroying, damaging, altering, or removing a boundary sign or by any other methods, obliterates a boundary line of land, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won. <Amended on Dec. 29, 1995>

Article 371 (Attempts)

Attempts to commit any crime of Articles 366, 367, and 369 shall be punished.

Article 372 (Energy)

@Article 346 shall apply mutatis mutandis to the crimes of this Chapter.

ADDENDA <Act No. 293, Sep. 18, 1953>

Article 1 (Previous Criminal Act, Other Acts and Subordinate Statu

Addenda

tes and Relative Gravity of Punishment)

The relative severity between punishments provided by this Act including Acts and subordinate statutes (hereinafter referred to as "other new Acts and subordinate statutes") enforced after this Act comes into effect, and the previous Criminal Act (hereinafter referred to as the "Previous Criminal Act") Code including Acts and subordinate statutes, proclamation (hereinafter referred to as "other repealed Acts and subordinate statutes") repealed by this Act as well as Acts and subordinate statutes, and proclamation (hereinafter referred to as "other existing Acts and subordinate statutes") prior existing Act presently in force, shall be determined by Article 50.

Article 2 (Comparison of Different Kinds of Punishment)

(1) The comparison of relative severity of punishment for crimes committed before the enforcement of this Act shall be determined by the maximum period of confinement or the maximum fine.

(2) When the relative severity cannot be determined by the maximum period of confinement or the maximum fine, it shall be determined by the minimum period of confinement or a fine.

(3) If it is impossible to determine the relative severity of penalty by reference to the preceding two paragraphs, the penalty which provides other punishment to be concurrently imposed shall be deemed to be the gravest and the penalty which has other punishment

Addenda

to be made optional shall be deemed to be the next gravest.

(4) Increase or reduction of penalty, if any, shall be made in accordance with previous Act or this Act before comparison of penalty provided in the preceding three paragraphs is made.

Article 3 (Application of Most Favorable Act to Criminal)

In regard to the crimes committed before the enforcement of this Act, the Act which is more favorable to the offender shall be applied even though it has no connection with the relative gravity of the penalty.

Article 4 (Application of Previous and New Act to One Crime)

(1) If a crime is committed before and after the enforcement of this Act, it shall be deemed to have been committed before the enforcement of this Act.

(2) If continuing crime or a connected crime begins before and extends after the enforcement of this Act, the Act which was in effect before the enforcement of this Act shall be deemed to be the one violated.

Article 5 (Limited Application of Punishment concerning Qualification)

In regard to the crime committed before the enforcement of this Act, Article 43 shall not be applicable even if this Act or other new

Addenda

Acts and subordinate statutes are applicable.

Article 6 (Application of New Act to Concurrent Crime)

When several crimes committed before the enforcement of this Act or crimes committed after the enforcement of this Act together with prior offenses constitute a concurrent crime, the provisions of this Act referring to concurrent crime shall apply.

Article 7 (Effect of Punishment)

The punishment provided by the previous Criminal Act, other repealed Acts and subordinate statutes, or existing Acts and subordinate statutes shall have the same effect as provided by this Act.

Article 8 (Application of General Rules)

(1) The provision of this Act shall apply to the crimes committed before the enforcement of this Act, regarding the determination of punishment, execution of the punishment, suspension of imposition of sentence, suspension of execution of sentence, exemption of punishment, prescription or extinction. The same shall apply to the repeated crimes and provisional release.

(2) The penalty pronounced before the enforcement of this Act, the suspension of execution of sentence or the effect of provisional release shall follow the relevant provisions of this Act as long as extinction has not occurred.

Addenda

(3) In the preceding two paragraphs, the provisions of proviso of Articles 49, 58 (1) and 63, and the proviso of Articles 69 (1), Article 74 and the provisions concerning prescription of confiscation or additional collection shall not be applicable.

Article 9 (Quotation of Article from Old Criminal Act)

@Articles of the previous Criminal Act quoted in other existing Acts and subordinate statutes shall be regarded as changed to the corresponding Articles of this Act.

Article 10 (Acts to be Repealed)

The following Acts, proclamations, or Acts and subordinate statutes in force just prior to the enforcement of this Act are hereby repealed:

1. Previous Criminal Act;

2. Act for enforcement of the previous Criminal Act;

3. Penal Provision of Control of Explosives;

4. Act concerning Counterfeit, Alteration, or Imitation of Coin or Bank notes Circulated Abroad;

5. The provision of Articles 48 and 55 (1) relating to "attempts of offenses as mentioned in Article 48" and the provision of Articles 55 (2), 55-2 and 55-3 of the Postal Services Act;

Addenda

6. Act for Punishment in relation to Revenue Stamps;

7. Act on Imitation of Currency and Securities;

8. Matters concerning Duels;

9. Act relating to Punishment for Act of Violence, etc.;

10. Act concerning prevention of and Dealing with Theft, Robbery, etc.;

11. USAMGIK Ordinance No. 70 (Sale of Females Prohibited);

12. USAMGIK Ordinance No. 120 (Increase of Fine and the Right of Jurisdiction, etc. of Special Judicial Officer);

13. USAMGIK Ordinance No. 172 (Ordinance for Parole of Prisoners);

14. USAMGIK Ordinance No. 208 (Crimes for Disobedience, Piracy and others).

Article 11 (Date of Enforcement)

This Act shall enter into force on October 3, 4286 Dangi (1953 A.D.).

ADDENDUM <Act No. 2745, Mar. 25, 1975>

This Act shall

Addenda

enter into force on the date of its promulgation.

ADDENDUM <Act No. 4040, Dec. 31, 1988>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 5057, Dec. 29, 1995>

Article 1 (Date of Enforcement)

This Act shall enter into force on July. 1, 1996 : Provided, That the revised provisions of Articles 59-2, 61 (2), 62-2, 64 (2), 73-2 (2), and matters of the revised provisions of Article 75 concerning the probation, shall enter into force on January 1, 1997.

Article 2 (Examples of General Application)

This Act shall also apply to any crimes as prescribed by the previous Criminal Act and committed before this Act enters into force: Provided, That this shall not apply where the previous provisions are favorable to the offender.

Article 3 (Transitional Measures concerning Single Act)

If a single act is performed before and after the enforcement of this Act, it shall be considered to have been performed after this Act enters into force.

Article 4 (Transitional Measures concerning Punishment)

Addenda

Any person who is sentenced to any punishment pursuant to the provisions of the previous Criminal Act before this Act enters into force, shall be considered to have been sentenced to the punishment under this Act. The same shall also apply where he/she is sentenced to a stay of execution or is subject to a stay of sentence.

Article 5 (Relation with Other Acts and Subordinate Statutes)

Where other Acts and subordinate statutes cite the provisions (including the subtitles of Chapters) of the previous Criminal Act, at the time this Act enters into force, if the provisions corresponding to them are included in this Act, such corresponding provisions of this Act shall be considered to have been cited in lieu of previous provisions.

ADDENDUM <Act No. 5454, Dec. 13, 1997>

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDUM <Act No. 6543, Dec. 29, 2001>

This Act shall enter into force six months after the date of its promulgation.

ADDENDUM <Act No. 7077, Jan. 20, 2004>

This Act shall enter into force on the date of its promulgation.

Addenda

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. 7623, Jul. 29, 2005>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Applicability) This Act shall apply also to the crimes committed before this Act enters into force: Provided, That the same shall not apply where the application of the previous provisions is more favorable to the doer.

ADDENDA <Act No. 10259, Apr. 15, 2010>

(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 305-2 shall enter into force on the date of its promulgation.

(2) (Applicability to Requirements for Parole) The amended provisions of Article 72 (1) shall also apply to persons in prison as at the

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time this Act enters into force.

ADDENDA <Act No. 11574, Dec. 18, 2012>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Abolition of Crimes Prosecutable Only upon Complaint)

The amended provisions of Articles 296 and 306 shall apply, from the first crime committed on or after the date this Act enters into force.

Article 3 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.)

Article 2 Omitted.

Article 3 (Relation with other Acts and Subordinate Statutes)

A citation of a provision of the former Criminal Act by any other Act or subordinate statute in force as at the time this Act enters into

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force shall be deemed a citation of the relevant provision of this Act in lieu of the former provision, if such relevant provision exists herein.

ADDENDA <Act No. 12575, May 14, 2014>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Applicability and Transitional Measures)

(1) The amended provisions of Article 70 (2) shall apply where a person is prosecuted after this Act enters into force.

(2) The amended provisions of Article 79 (2) shall also apply to persons for whom a period of prescription for a sentence has not expired before this Act enters into force.

ADDENDUM <Act No. 12898, Dec. 30, 2014>

This Act shall enter into force on 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: Provided, That the amended provisions of Article 62 shall apply two years

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after the date of its promulgation.

Article 2 Omitted.

Article 3 (Relation with other Acts and Subordinate Statutes)

A citation of a provision of the former Criminal Act by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of the relevant provision of this Act in lieu of the former provision, if such relevant provision exists in this Act.

ADDENDUM <Act No. 14178, May 29, 2016>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 14415, Dec. 20, 2016>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 15163, Dec. 12, 2017>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Applicability concerning Period of Prescription)

The amended provisions

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of subparagraph 5 and 6 of Article 78 shall apply, from the first case where the judgment has become final on or after the date this Act enters into force.

ADDENDUM <Act No. 15793, Oct. 16, 2018>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 15982, Dec. 18, 2018>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 17265, May. 19, 2020>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 17511, Oct. 20, 2020>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 17571, Dec. 8, 2020>

This Act shall enter into one year after the date of its promulgation.

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