A person who creates a violence for the purpose of usurping the national territory or subverting the Constitution shall be punished according to the following classifications:
1. A ring leader shall be punished by death, imprisonment for life or imprisonment without prison labor for life;
2. A person who participates in a plot, or commands, or engages in other essential activities shall be punished by death, imprisonment for life, imprisonment or imprisonment without prison labor, for at least five years; the same shall also apply to a person who has committed acts of killing, wounding, destroying or plundering; and
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 or imprisonment without prison labor for not more than five years.
A person who kills another for the purpose of usurping the national territory, or subverting the Constitution shall be punished by death, imprisonment for life or imprisonment without prison labor for life.
Attempts to commit the crimes specified in the preceding two Articles shall be punished.
(1) Anyone who
prepares or conspires with intent to commit the crimes of Article 87 or 88 shall be
punished by imprisonment, or imprisonment without prison labor for at least three years, but when he denounces himself 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.
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; and
2. To overthrow government organs established by the Constitution or to make render the exercise of their functions impossible by force.
A person who, in conspiracy with a foreign country, causes to commence hostilities against the Republic of Korea, or who, in conspiracy with foreigners, fight against the Republic of Korea, shall be punished by death or imprisonment for life.
A person who fights against the Republic of Korea by joining an enemy country shall be punished by death.
(1) A person who levies soldiers for an enemy country shall be punished by death or imprisonment for life.
(2) A person who applies for conscription referred to in the preceding paragraph shall be punished by imprisonment for life or at least five years.
(1) A person who provides an enemy with country troops, fortresses, camps, or vessels, airplanes, such other places, equipments or structures to be used for military purpose, shall be punished
by death or imprisonment for life.
(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.
A person who, for the benefit of an enemy country, destroys or makes preceding Article, shall be punished by death or imprisonment for life.
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 for life or at least live years.
(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 for life or for at least seven years.
(2) The preceding paragraph shall also apply to a person who divulges military secrets to an enemy country.
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 for life or at least three years.
Attempts of the crimes provided in the preceding eight Articles shall be punished.
(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 for a limited term of at least two years: Provided, That when he denounces himself 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.
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.
(1) A person who, without justifiable reason, does not perform a contract concerning munitions or military structures for the government in time of war or during a warlike incident shall be punished by imprisonment 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.
The provisions of this Chapter shall apply to the act committed against an allied power.
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 or imprisonment without prison 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.
A person who defames the national flag or the national emblem for the purpose mentioned in the preceding Article shall be punished by imprisonment or imprisonment without prison 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.
(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 or imprisonment without prison 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 or imprisonment without prison labor for not more than five years.
(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 or imprisonment without prison labor for not more than five years.
(2) A person who insults or defames the envoy of a foreign country as referred to in the preceding paragraph shall be punished by imprisonment or imprisonment without prison labor for not more than three years.
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 or imprisonment without prison labor for not more than two years or by a fine not exceeding three million won.
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.
(1) A person who wages a private war against a foreign country shall be punished by limited imprisonment without prison labor for 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 crime of paragraph (1) shall be punished by imprisonment without prison labor for not more than three years or by a fine not exceeding five million won: Provided, That when he denounces himself before the commission of such intended crimes, the punishment shall be mitigated or remitted.
A person who violates an order concerning neutrality in a war between foreign countries shall be punished by imprisonment without prison labor for not more than three years or a fine of not more than five million won.
(1) A person who divulges diplomatic secrets shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) The preceding paragraph shall apply to a person who searches for or collects diplomatic secrets for the purpose of divulging them.
A person who organizes a syndicate or group with the intent to commit a crime punishable by death or imprisonment for life 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.
Persons who assemble in large numbers and use violence or intimidation or take destructive action shall be punished by imprisonment or imprisonment without prison labor for at least one year up to ten years or by a fine not exceeding fifteen million won.
Persons who assemble in large number for the purpose of using violence or intimidation or taking destructive action and do no disperse after being ordered to do so for three or more times by officials authorized to control such matters, shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding three million won.
(1) A person who fails to perform, without justifiable reasons, a concluded 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.
(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.
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.
(1) One who injures a person or damages property or disturbs the public peace by using explosives shall be punished by death or imprisonment for life or for at least seven years.
(2) A person who commits the crimes of the preceding paragraph in time of war, calamity, or other warlike incident shall be punished by death or imprisonment for life.
(3) Attempts to commit the crimes of the preceding two paragraphs shall be punished.
(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 for at least two years, but if he denounces himself 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.
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 for not more than ten years.
A public official who refuses to perform his duties or abandons his duties without justifiable reason shall be punished by imprisonment or imprisonment without prison labor for not more than one year or suspension of qualifications for not more than three years.
A public official who, by abusing his 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 for not more than five years and suspension of qualifications for not more than ten years, or fine not exceeding ten million won.
(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 official authority, he shall be punished by imprisonment for not more than seven years and suspension of qualifications for not more than ten years.
(2) Attempts to commit the crimes specified in the preceding paragraph shall be punished.
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 in the performance of his duties, shall be punished by imprisonment for not more than five years and suspension of qualifications for not more than ten years.
A person who, in the performance or supervision of, or in the assistance in, functions involving prosecution, police, or other activities concerning investigation of crimes, makes public, before request for public trial, the facts of a suspected crime which have come to his knowledge during the performance of his duties, shall be punished by imprisonment for not more than three years, or suspension of qualifications for not more than five years.
A public official or former public official who divulges official secrets obtained in the course of performing his duties and classified by Acts and subordinate statutes as secret shall be punished by imprisonment or imprisonment without prison labor for not more than two years or suspension of qualifications for not more than five years.
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 Acts and subordinate statutes, or who obstructs the freedom of election by any other means, shall be punished by imprisonment for not more than ten years and suspension of qualifications for at least five years.
(1) A public official or an arbitrator who receives, demands or promises to accept a bribe in connection with his duties, shall be punished by imprisonment 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 is to perform and he actually becomes a public official or arbitrator, imprisonment for not more than three years or suspension of qualifications for not more than seven years shall be imposed.
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 duties shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.
(1) If a public official or an arbitrator takes an improper action after committing the offenses under the preceding two Articles, imprisonment for a limited term of at least one year shall be imposed.
(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 action in the course of performing his 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 action in the course of performing his duties on acceptance of a solicitation made during his incumbency, imprisonment 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.
A public official who, by taking advantage of his 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 for not more than three years or suspension of qualifications for not more than seven years.
(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 for not more than five years or by a fine not exceeding twenty million won.
(2) The preceding paragraph shall apply to a person who, for the purpose of committing the crime specified in the preceding paragraph, delivers money or goods to a third party, or receives such delivery with the knowledge of its nature.
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.
A public official who, taking advantage of his 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 in those cases where the punishment for the crime committed is specially prescribed because of the status of the public official.
(1) A person who uses violence or intimidation against a public official engaged in the performance of his duties shall be punished by imprisonment for not more than five years, or five not exceeding ten million won.
(2) The preceding paragraph shall apply to a person who uses violence or intimidation against a public official in order to cause him to perform, or refrain from performing an official act or in order to force his resignation.
A person who interferes with the execution of duties by a public official by fraudulent means, shall be punished by imprisonment for not more than five years, or five not exceeding ten million won.
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 for not more than three years or by a fine not exceeding seven million won.
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 instructions concerning the vindication of human rights, shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.
(1) A person who damages or conceals a seal or symbol of attachment or other execution which a public official has levied in his official duties or reduces its utility by any other methods, shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won. (2) Any public official who opens any sealed or secretly designed document, book or picture in relation with his duties, shall also be punished by the same punishment as referred to in paragraph (1).
(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).
Any person who trespasses on any immovables vacated or delivered by any other way, shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
(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 for not more than seven years or by a fine not exceeding ten million won. (2) A person who destroys structures, vessels, trains, or airplanes, used by public offices, shall be punished by imprisonment for at least one year uo to ten years.
A person who damages or conceals his 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 for not more than five years or by a fine not exceeding seven million won.
Attempts to commit the crimes specified in Articles 140 to the preceding Article shall be punished.
(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 shall be punished by imprisonment 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 for life or for a limited term of at least five years.
(1) A person who, having been in lawful arrest or custody, escapes, shall be punished by imprisonment for not more than one year.
(2) The preceding paragraph shall apply to a person, having been temporarily set free from custody due to a calamity, grave incident, or pursuant to the application of a law, violates the summoning order without justifiable reason.
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 for not more than seven years.
A person who forcibly abducts one who is in lawful custody or who causes such person to escape, shall be punished by imprisonment for not more than ten years.
A prison guard or conveyor who causes a person in lawful custody to escape, shall be punished by imprisonment for at least one year nor more than ten years.
Attempts to commit the crimes specified in the preceding four Articles shall be punished.
A person who makes preparations or conspires with intent to commit the crimes of Articles 147 and 148, shall be punished by imprisonment for not more than three years.
(1) A person who harbors one who has committed a crime punishable by fine or more severe punishment, or who causes such person to escape, shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.
(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.
(1) A witness who, having sworn according to Acts, gives false statement, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(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.
When a person who, having committed the crime of the preceding Article, makes a voluntary confession or denounces himself before the judgment of a criminal or disciplinary case in which he has given false statement becomes final, punishment for him shall be mitigated or remitted.
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.
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 for not more than five years or by a fine not exceeding seven million won.
(2) A person who harbors a witness or causes him 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).
(3) A person who, for the purpose of causing injury to an accused, or a criminal or disciplinary suspect, commits the crimes under the preceding two paragraphs, shall be punished by imprisonment 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.
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 for not more than ten years, or a fine not exceeding fifteen million won.
Article 153 shall apply mutatis mutandis to the preceding Article.
A person who disturbs funeral rites, rituals, worship, or preaching, shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.
A person who defiles a corpse, remains, or the hair of the dead, shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
A person who excavates a grave shall be punished by imprisonment for not more than five years.
(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 for not more than seven years.
(2) A person who commits the crime of the preceding paragraph by excavating a grave shall be punished by imprisonment for not more than ten years.
Attempts to commit the crimes provided in the preceding two Articles shall be punished.
Any person who conceals or alters a corpse of a person who has died unnaturally, or a corpse suspicious of unnatural death, or obstructs the inquest over such corpse by other way, shall be punished by a fine not exceeding seven million won.
(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 mine shaft in which any person exists shall be punished by imprisonment for life or for a limited term of at least three years.
(2) A person who commits the crime of paragraph (1) to injure an person shall be punished by imprisonment for life or for a limited term of at least five years. If it results in death, he/she shall be punished by death or imprisonment for life or for at least seven years.
A person who sets fire to and burns a structure, train, electric car, automobile, ship, aircraft or mine which is used for official business or the public interest, shall be punished by imprisonment for life or at least three years.
(1) A person who sets fire to and burns a structure, train, electric car, automobile, vessel, aircraft or mine other than those mentioned in the preceding two Articles, shall be punished by imprisonment for at least two years.
(2) A person who sets fire to and burns one of the objects mentioned in paragraph (1) which he owns and thereby causes public danger, shall be punished by imprisonment for not more than seven years or by a fine not exceeding ten million won.
(1) A person who sets fire to and burns an object other than those objects mentioned in the preceding three Articles and thereby causes public danger, shall be punished by imprisonment for at least one year nor more than ten years.
(2) If any object mentioned in paragraph is the offender's own property, he shall be punished by imprisonment for not more than three years or by a fine not exceeding seven million won.
(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 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 for not more than five years.
A person who, at the time of a fire, conceals or damages fire fighting apparatus or other tools, or obstructs the extinguishing of the fire by other means, shall be punished by imprisonment for not more than ten years.
(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 fifteen million won.
(2) The preceding paragraph shall apply to a person who, through negligence, burns an object mentioned in Article 166 or 167 which is his own property and thereby causes public danger.
A person who, through occupational or gross negligence, commits a crime mentioned in Article 170 shall be punished by imprisonment without prison labor for not more than three years or by a fine not exceeding twenty million won.
(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 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 for life or for a limited term of at least three years. If it results in death, the perpetrator shall be punished by imprisonment for life or for at least five years.
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 for at least one year up to ten years.
(2) A person who commits the crime of paragraph (1) to injure another person shall be punished by imprisonment for life or for a limited term of at least three years. If it results in death, the perpetrator shall be punished by imprisonment for life or for at least five years.
(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 for at least one year up to ten years.
(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.
(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 for life or for at least three years.
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 prison labor for not more than five years or by a fine not exceeding fifteen million won.
(2) A person who, by occupational or gross negligence, commits the crime of paragraph (1) shall be punished by imprisonment without prison labor for not more than seven years or by a fine not exceeding twenty million won.
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.
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 for not more than five years: Provided, That when he denounces himself before the commission of such crimes as intended, the punishment shall be mitigated or remitted.
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.
(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 for life or for a limited term of at least three years.
(2) A person who commits the crime prescribed in paragraph (1) to injure another person shall be punished by imprisonment for life or for a limited term of at least five years. If it results in death, the perpetrator shall be punished by imprisonment for life or for a limited term of at least seven years.
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 for life or at least two years.
(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 for at least one year nor more than ten years.
(2) A person who causes an inundation and damages an object mentioned in the preceding paragraph which is his own property, thereby causing public danger, shall be punished by imprisonment for not more than three years or by a fine not exceeding seven million won.
(3) The provisions of Article 176 shall apply mutatis mutandis to this Article.
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 for not more than ten years.
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.
Attempts to commit the crimes referred to in Articles 177 through 179 (1), shall be punished.
A person who makes preparations or conspires with intent to commit the crimes of Articles 177 through 179 (1), shall be punished by imprisonment for not more than three years.
A person who breaks an embankment or destroys a sluice, or otherwise obstructs water utility, shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won.
A person who damages, destroys or blocks a road, water-way, or bridge, or obstructs traffic by other means, shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.
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 for at least one year.
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 for life or at least three years.
A person who commits any of the crimes of Articles 185 through 187, thereby injuring another person, shall be punished by imprisonment for life or for at least three years. If it results in death, the perpetrator shall be punished by imprisonment for life or for at least five years.
(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.
(2) A person who, by occupational or gross negligence, commits the crimes specified in Article 185, shall be punished by imprisonment without prison labor for not more than three years or by a fine not exceeding twenty million won.
Attempts to commit the crimes specified in Articles 185 through 187 shall be punished.
A person who makes preparations or conspires with intent to commit the crimes of Article 186 or 187, shall be punished by imprisonment for not more than three years.
(1) A person who, by polluting clean water which is intended for daily drinking purposes, renders such water unfit for that use, shall be punished by imprisonment 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 the preceding paragraph poisonous materials or other substances which may injure health, shall be punished by imprisonment for not more than ten years.
(1) A person who, by polluting clean water which is supplied to the public for drinking purposes by a water supply system or by polluting a reservoir thereof, causes such water to be unfit for use, shall be punished by imprisonment for at least one year up to ten years.
(2) A person who puts into drinking water or in a reservoir specified in the preceding paragraph poisonous materials or other substances which may injure the health, shall be punished by imprisonment for at least two years.
A person who commits any of the crimes of Article 192 (2) or 193 (2), thereby injuring another person, shall be punished by imprisonment for life or for at least five years.
A person who damages a water main intended for public drinking purposes or makes the facility inoperable by other means shall be punished by imprisonment for at least one year up to ten years.
Attempts to commit the crimes specified in Articles 192 (2) and 193 (2), and the preceding Article shall be punished.
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 for not more than two years.
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 for not more than ten years.
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 for not more than five years.
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 for at least one year.
(1) A person who ingests opium or receives a morphine injection, shall be punished by imprisonment 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.
Attempts to commit any of the crimes of the preceding four Articles shall be punished.
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.
In the case of Articles 198 through 203, the suspension of qualifications for not more than ten years, or a fine not exceeding twenty million won may be concurrently imposed.
A person who possesses opium, morphine, its composite or an instrument for smoking opium, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.
Opium, morphine, its composite, or an instrument for smoking opium, having been used for any crime in this Chapter, shall be confiscated. If it is impossible to confiscate such item, the equivalent price thereof shall be collected.
(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 for life or 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 limited imprisonment for 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 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 same shall be punished by penalty as prescribed against each crime of counterfeit or alteration.
A person who, for the purpose of uttering, acquires counterfeited or altered currency specified in Article 207 shall be punished by imprisonment for not more than five years or a fine exceeding fifteen million won.
When a person is punished by limited imprisonment for the violations of Article 207 or 208, suspension of qualifications for not more than ten years or a fine not exceeding twenty million won may be concurrently imposed.
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 for not more than two years or by a fine not exceeding five million won.
(1) A person who, for the purpose of sale, manufactures, imports, or exports articles similar to a coin, paper money, or bank note which is current or circulated in this country or abroad, shall be punished by imprisonment for not more than three years or by a fine not exceeding seven million won. (2) The preceding paragraph shall apply to a person who sells items specified in the preceding paragraph.
Attempts to commit the crimes specified in Articles 207, 208 and the preceding Article shall be punished.
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 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.
(1) A person who, 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 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.
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 for not more than ten years.
A person who, for the purpose of uttering, drafts false valuable securities or makes an untrue entry therein shall be punished by imprisonment for not more than seven years or a fine not exceeding thirty million won.
A person who utters valuable securities which involve a counterfeit, alteration, drafting under a false capacity or making an untrue entry, or who, for the purpose of uttering, imports or exports the same, shall be punished by imprisonment for not more than ten years.
(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 for not more than ten years.
(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.
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 for not more than three years, or fine not exceeding ten million won.
If a person is punished by imprisonment 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 twenty million won may be imposed concurrently.
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 for not more than one year, or a fine not exceeding three million won.
(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 for not more than two years, or by a fine not exceeding five million won.
(2) The preceding paragraph shall apply to a person who sells the items mentioned in the preceding paragraph.
Attempts to commit any of the crimes of Articles 214 through 219 and the preceding Article shall be punished.
A person who makes preparations or conspires with the intent to commit any of the crimes of Articles 214, 215 (1) and 218, shall be punished by imprisonment for not more than two years.
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 for not more than ten years.
A person who, 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 for not more than ten years.
If a public official prepares falsely or alters any document or drawing with the intention of use, in connection with his duties, one shall be punished by imprisonment for not more than seven years, or a fine not exceeding twenty million won.
A person with the intention of disrupting business falsely or alters electromagnetic documents of public official or public office shall be punished by imprisonment not more than ten years.
(1) Any person who makes a false report to a public official and has that official enter record any false fact in the authentic deed or identical special media records, such as electronic records, shall be punished by imprisonment for not more than five years or a fine not exceeding ten million won. (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 for not more than three years or by a fine not exceeding seven million won.
Any person who utters any document, drawing, special media records, such as electronic records, origin 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.
A person, who unlawfully utters a document or drawing of a public official or public office, shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won.
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 for not more than five years, or a fine not exceeding ten million won.
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 for not more than five years, or a fine not exceeding ten million won.
Any person who falsifies or alters, with the intention of making any error in management of affairs, any special media records, such as another person's electromagnetic records concerning any years, shall be punished by imprisonment for not more than five years, or a fine not exceeding ten million won.
If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirty million won.
Any person who utters any document, drawing or special media records, such as electromagnetic 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.
Attempts to commit the crimes of Articles 225 through 234 shall be punished.
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 or imprisonment without prison labor for not more than one year or by a fine not exceeding three million won.
In case where a person has committed the crimes as prescribed in Articles 225 through 227-2 and should be punished by the imprisonment for such crimes, or the execution thereof, the penalty of suspension of qualifications for not more than ten years may be concurrently imposed.
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.
(1) A person who, 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 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.
(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 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.
Attempts to commit the crimes in this Chapter shall be punished.
A person who induces, entices, or procures a person to engage in sexual intercourse for gain shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won.
Any person who distributes, sells, lends, openly displays or shows any obscene documents, drawing, pictures, films or other things, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.
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 for not more than one year or by a fine not exceeding five million won.
A person who publicly commits an obscene act shall be punished by imprisonment for not more than one year, a fine not exceeding five million won, detention or a minor fine.
(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 for not more than three years, or by a fine not exceeding twenty million won.
A person who, for gain, sets up a place or space for gambling shall be punished by imprisonment for not more than five years, or by a fine not exceeding thirty million won.
(1) A person who sells any lottery ticket unauthorized by law shall be punished by imprisonment for not more than five years, or by a fine not exceeding thirty 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 for not more than three years, or by a fine not exceeding twenty million won.
(3) A person who acquires any lottery ticket under paragraph (1) shall be punished by a fine not exceeding ten million won.
A fine not exceeding ten million won may be concurrently imposed for a crime prescribed in Article 246 (2), 247, or 248 (1).
(1) A person who kills another shall be punished by death, or imprisonment for life 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 for life or for not less seven years.
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 for not more than ten years.
(1) A person who kills another upon one's request or with one's consent shall be punished by imprisonment for at least one year up to ten years.
(2) The preceding paragraph shall apply to a person who instigates or aids and abets another to commit suicide.
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.
Attempts to commit the crimes in the preceding four Articles shall be punished.
A person who makes preparations or conspires with intent to commit the crimes of Articles 250 through 253, shall be punished by imprisonment for not more than ten years.
When limited imprisonment 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.
(1) A person who inflicts a bodily injury upon another shall be punished by imprisonment 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.
(2) When the crime as referred in paragraph (1) is committed on a lineal ascendant of the offender or of his spouse, one shall be punished by imprisonment for not more than ten years or a fine not exceeding fifteen million won.
(3) Attempts to commit the crimes of the preceding two paragraphs shall be punished.
(1) A person who inflicts bodily injury upon another, thereby endangering one's life, shall be punished by imprisonment 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) When the crimes of the preceding two paragraphs are committed on a lineal ascendant of the offender or of one's spouse, one shall be punished by limited imprisonment for at least two years.
(1) A person who inflicts bodily injury upon another, thereby causing his death, shall be punished by limited imprisonment for at least three years.
(2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of his spouse, he shall be punished by imprisonment for life or at least five years.
(1) A person who uses violence against another shall be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.
(2) When the crime as referred to in paragraph (1) is committed on a lineal ascendant of the offender or of his spouse, he shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
(3) The crimes as referred to in paragraphs (1) and (2) shall not be prosecuted over the express objection of the victim.
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 for not more than five years or by a fine not exceeding ten million won.
A person who commits the crimes of the preceding two Articles, thereby causing death or injury, shall be punished in accordance with Articles 257 through 259.
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.
A person who habitually commits any of the crimes of Article 257, 258, 260 or 261 shall be punished by increasing one half of the penalty specified for the relevant crime.
In the case of Articles 257 (2), 258, 260 (2), 261 and the preceding Article, the suspension of qualifications for not more than ten years may be concurrently imposed.
(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.
(2) The crime as referred to in paragraph (1) shall not be prosecuted against the express objection of the victim.
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.
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 twenty million won.
(1) A woman who procures her own miscarriage through the use of drugs or other means shall be punished by imprisonment for not more than one year or by a fine not exceeding two million won.
(2) The provision of paragraph (1) shall apply to a person who procures the miscarriage of a female upon her request or with her consent.
(3) A person who in consequence of the commission of the crime of the as referred to in paragraph (2), causes the injury of a woman, shall be punished by imprisonment for not more than three years. When one causes her death in consequence of the commission of the crime as referred to in paragraph (2), he shall be punished by imprisonment for not more than seven years.
(1) A doctor, herb doctor, midwife, pharmacist, or druggist who procures the miscarriage of a female upon her request or with her consent, shall be punished by imprisonment for not more than two years. (2) A person who procures the miscarriage of a female without request or consent, shall be punished by imprisonment for not more than three years.
(3) When, in consequence of his commission of the crime as referred to in paragraph (1) or (2), the female is injured, he shall be punished by imprisonment for not more than five years. When she dies, he shall be punished by imprisonment for not more than ten years.
(4) In the case of the preceding three paragraphs, suspension of qualifications for not more than seven years shall be concurrently imposed.
(1) A person who abandons another person in need of help by reason of old age, infancy, illness or other circumstances, whom one has a legal or contractual duty to protect, shall be punished by imprisonment for not more than three years, or a fine not exceeding five million won.
(2) When the crime as referred to in paragraph (1) is committed on lineal ascendant of the offender or of his spouse, the offender shall be punished by imprisonment for not more than ten years, or a fine not exceeding fifteen million won.
(3) A person who, in consequence of his commission of the crime of paragraph (1), endangers the life of another, shall be punished by imprisonment for not more than seven years.
(4) A person who, in consequence of his commission of the crime of paragraph (2), endangers the life of another, shall be punished by limited imprisonment for at least two years.
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 for not more than two years or by a fine not exceeding three million won.
(1) A person who cruelly treats another who is under one's protection or supervision, shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won. (2) When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of one's spouse, one shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
A person who delivers a child under sixteen years of age who is under his protection or supervision over to a proprietor or his operator who will employ the child in such hard work as is dangerous to life or body, shall be punished by imprisonment for not more than five years. The same shall apply to the other participant who hires a child for such purpose.
(1) A person who commits any crime of Articles 271 through 273 to injure another person, shall be punished by imprisonment for not more than seven years. If it results in death, the perpetrator shall be punished by imprisonment 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/her own or his/her spouse to injure the lineal ascendant shall be punished by imprisonment for a limited term of at least three years. If it results in death, the perpetrator shall be punished by imprisonment for life or for a limited term of at least five years.
(1) A person who illegally arrests or confines another, shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
(2) When the crime as referred to in paragraph (1) is committed on the lineal ascendant of the offender or one's spouse, one shall be punished by limited imprisonment for not more than ten years, or a fine not exceeding fifteen million won.
(1) A person who illegally arrests or confines another, thereby treating that person cruelly, shall be punished by imprisonment 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 one's spouse, one shall be punished by limited imprisonment for at least two years.
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.
A person who habitually commits any crime prescribed in Article 276 or 277 shall be punished under the preceding Article.
Attempts to commit any crime of the preceding four Articles shall be punished.
(1) A person who commits any crime of Articles 276 through 280 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 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/her own or his/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 life or for at least five years.
For the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.
(1) A person who intimidates another shall be punished by imprisonment for not more than three years, a fine of not more than five million won, detention or a minor fine.
(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 for not more than five years or by a fine not exceeding seven million won.
(3) The crime as referred to in paragraphs (1) and (2) shall not be prosecuted over the express objection of the victim.
When the crime of paragraph (1) or (2) of the preceding Article is committed through the threat of elective force or by carrying a dangerous weapon, the offender shall be punished by imprisonment for not more than seven years or by a fine not exceeding ten million won.
When any crime of Article 283 (1) or (2) or the preceding Article is habitually committed, the perpetrator shall be punished by aggravating the penalty by one half of the penalty specified for the relevant crime.
Attempts to commit any crime of the preceding three Articles shall be punished.
A person who obtains and maintains a minor under the control of his/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 for not more than ten years.
(1) A person who obtains and maintains another under the control of his/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 by imprisonment for at least one year up to ten years.
(2) A person who obtains and maintains another under the control of his/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 for at least two years up to fifteen years.
(3) The preceding paragraph shall apply to a person who obtains and maintains another under the control of his/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/her out of the Republic of Korea, or a person who transports such a victim out of the Republic of Korea.
(1) A person who buys or sells another shall be punished by imprisonment 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 for at least one year up to ten years.
(3) A person who buys or sells another for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs shall be punished by imprisonment for at least two years up to fifteen years.
(4) The preceding paragraph shall apply to a person who buys or sells another for the purpose of transporting him or her out of the Republic of Korea, or a person who transports a purchased person out of the Republic of Korea.
(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 for at least three years up to twenty-five 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 for at least two years up to twenty years.
(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 for life 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 for life or for at least five years.
(1) A person who receives or harbors a victim of any of the crimes of Articles 287 through 289, shall be punished by imprisonment 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.
Attempts to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1) shall be punished.
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 fifty million won may be concurrently imposed.
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.
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 for not more than three years.
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.
A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment for a limited term of at least three years.
A person who, by means of violence or intimidation, inserts his/her sexual organ into another's bodily part (excluding a genital organ), such as mouth or anus, or inserts his/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 for a limited term of at least two years.
A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.
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.
Attempts to commit any of the crimes of Articles 297, 297-2, 298 and 299 shall be punished.
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 for life or for at least five years.
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 for life. If the commission of such crime results in the death of the victim, the perpetrator shall be punished by imprisonment for life or for at least ten years.
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 for not more than five years.
(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 relationship, shall be punished by imprisonment for not more than five years, or by a fine not exceeding fifteen million won.
(2) A person who has sexual intercourse with another held in his or her custody according to an Act shall be punished by imprisonment for not more than seven years.
A person who has sexual intercourse with another who is under thirteen years of age or commits an indecent act on such person shall be punished under Article 297, 297-2, 298, 301, or 301-2.
A person who habitually 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.
(1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won.
(2) A person who defames another by publicly alleging false facts shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won.
A person who defames a dead person by publicly alleging false facts shall be punished by imprisonment without prison labor for not more than two years or by a fine not exceeding five million won.
(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 or imprisonment without prison labor for not more than three years or by a fine not exceeding seven million won.
(2) A person who commits the crime of Article 307 (2), by the method described in paragraph (1), shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years, or a fine not exceeding fifteen million won.
If the facts alleged under Article 307 (1) are true and solely for the public interest, the act shall not be punishable.
A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a fine not exceeding two million won.
(1) The crimes of Articles 308 through 311 shall be prosecuted only upon complaint.
A person who injures the credit of another by circulating false facts or through fraudulent means, shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won.
(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 for not more than five years or by a fine not exceeding fifteen million won.
(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).
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 for not more than two years or by a fine not exceeding seven million won.
(1) A person who opens a sealed or other secretly composed letter, document, or drawing shall be punished by imprisonment or imprisonment without prison labor for not more than three years or by a fine not exceeding five million won.
(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).
(1) A doctor, dentist, herb doctor, pharmacist, druggist, midwife, lawyer, patent attorney, certified public accountant, notary, scrivener or his assistant or any person formerly engaged in such profession who discloses another's secret which has come to his knowledge in the course of the practice of his profession, shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than ten years or a fine not exceeding seven million won.
(2) The preceding paragraph shall apply to a person of a religious profession who discloses another's secret which he has learned in the performance of his duties.
The crimes of this Chapter shall be prosecuted upon complaint.
(1) A person who intrudes upon a one's residence, guarded building, structure or ship or occupied room, shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.
(2) The preceding paragraph shall apply to a person who refuses to leave such a place upon demand as specified in the preceding paragraph.
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 for not more than five years.
A person who illegally searches another's body or one's habitation, guarded building, structure, automobile, ship, aircraft or occupied room, shall be punished by imprisonment for not more than three years.
Attempts to commit any crime of this Chapter shall be punished.
A person who carries away, conceals, destroys or damages his 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 ones right, shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won.
A person who obstructs another from exercising his right by violence or intimidation, or coerces one to do any unobliged work, shall be punished by imprisonment for not more than five years.
A person who arrests or confines another or obtains or maintains another under the control of his/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 for a limited term of at least three years.
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 for life or five or more years.
If a person who has committed the crime as prescribed in Article 324-2, murders the hostage, the person shall be punished by death or imprisonment for life. If it results in the death, he shall be punished by imprisonment for life or ten or more years.
Attempts to commit any crime of Articles 324 through 324-4 shall be punished.
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.
(1) A person who forcibly takes his or her own property from another's possession by violence or intimidation, shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years.
(2) The preceding paragraph shall apply to a person who takes his or her own property from another's possession and uses violence or intimidation in order to resist their recovery, to escape arrest or to obliterate a trace of the crime.
(3) Attempts to commit any crime of the preceding two paragraphs shall be punished.
A person who endangers another's life by committing the crimes as prescribed in Article 324 or 325, shall be punished by imprisonment for not more than ten years.
A person who, for the purpose of evading execution, conceals, destroys, damages, fraudulently transfers or encumbers his property, thereby causing a loss to ones creditor, shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
(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 shall be remitted.
(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.
(3) The preceding paragraph shall not apply to an accomplice who is not a relative within the meaning of the preceding two paragraphs.
A person who steals another's property shall be punished by imprisonment for not more than six years or by a fine not exceeding ten million won.
A person who steals another's property by trespassing upon residence, guarded dwelling house, structure or ship or occupied room at night, shall be punished by imprisonment for not more than ten years.
(1) A person who steals another's property by trespassing at night upon the places specified in the preceding Article after destroying or damaging the gate, the wall or a part of the structure, shall be punished by imprisonment for at least one year up to ten years.
(2) The preceding paragraph shall apply to a person who steals another's property, armed with a deadly weapon or accompanied by one or more persons.
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 for not more than three years. fine not exceeding five million won, detention or a minor fine.
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.
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 limited imprisonment for at least three years.
(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 for life or at least five years.
(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.
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 the preceding two Articles.
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 for a limited term of at least three years.
A robber who injures another or causes injury to another, shall be punished by imprisonment for life or at least seven years.
If a robber murders another person, he shall be punished by death or imprisonment for life. If it results in the death, one shall be punished by imprisonment for life or ten or more years.
A robber who commits rape in the course of robbery shall be punished by imprisonment for life or for at least ten years.
(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 for life 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 for life or for at least ten years.
(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 for life.
A person who habitually commits the crimes specified in Article 333, 334, 336 or paragraph (1) of the preceding Article shall be punished by imprisonment for life or for at least ten years.
A person who attempts to commit any crime of Articles 329 through 341 shall be punished.
A person who makes preparations or conspires with the intent to commit robbery shall be punished by imprisonment for not more than seven years.
The provisions of Article 328 shall apply mutatis mutandis to the crimes of Articles 329 through 332 and attempts thereof.
When limited imprisonment is to be imposed on a person who commits the crimes of this Chapter, the suspension of qualifications may be concurrently imposed.
In regard to the crimes of this Chapter, energy which is subject to human control shall be deemed to be property.
(1) A person who defrauds another, thereby taking property or obtaining pecuniary advantage from another, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(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.
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 for not more than ten years, or a fine not exceeding twenty million won.
(1) A person who, by taking advantage of the inexperience of a minor or the mental disorders of another, takes property or obtains pecuniary advantage from the latter, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(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.
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 for not more than three years, or a fine not exceeding five million won, detention or a minor fine.
(1) A person who makes unjustifiable profits by taking advantage of the needy condition of another, shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
(2) The preceding paragraph shall apply to a person who, by the methods of the preceding paragraph, causes a third person to make unjustifiable profits.
(1) A person who, by extortion, causes another to surrender his property or obtains pecuniary advantage from the latter, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(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.
A person who habitually commits the crimes of Articles 347 through 350, shall be punished by increasing one half of the penalty specified in the relevant crime.
Attempts to commit any crime of Articles 347 through 348-2, 350 and 351 shall be punished.
In regard to the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.
The provisions of Articles 328 through 346 shall apply mutatis mutandis to the crimes of this Chapter.
(1) A person who, having the custody of another's property, embezzles or refuses to return it, shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won.
(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 ones duty, thereby causing loss to such person.
A person who commits the crime as prescribed in Article 355 in violation of the duties of ones occupation, shall be punished by imprisonment for not more than ten years or by a fine not exceeding thirty million won
(1) A person who, administering another's business, receives property or obtains pecuniary advantage from a third person in response to an illegal solicitation concerning his duty, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) A person who gives the property or pecuniary advantage as specified in paragraph (1), shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won. (3) The property mentioned in paragraph (1) which has been obtained by the offender shall be confiscated. When confiscation is impossible or pecuniary advantage has been obtained, the equivalent price thereof shall be collected.
In regard to the crimes of the preceding three Articles, suspension of qualifications for not more than ten years may be concurrently imposed.
Attempts to commit any crime of Articles 355 through 357 shall be punished.
(1) A person who wrongfully appropriates lost articles, driftage, or any other property of which possession has been lost, shall be punished by imprisonment for not more than one year or a fine not exceeding three million won or a minor fine.
(2) The preceding paragraph shall apply to a person who appropriates buried articles.
The provisions of Articles 328 and 346 shall apply mutatis mutandis to the crimes of this Chapter.
(1) A person who acquires, transports or takes custody of stolen property, shall be punished by imprisonment for not more than seven years or by a fine not exceeding fifteen million won.
(2) The preceding paragraph shall apply to a person who aids in the crime of the preceding paragraph.
(1) A person who habitually commits the crimes specified in the preceding Article shall be punished by imprisonment for at least one year up to ten years.
(2) In regard to paragraph (1), suspension of qualifications for not more than ten years or a fine not exceeding fifteen million won may be concurrently imposed.
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.
(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.
A person who, by destroying, damaging, or concealing another's property document or special media records, such as electromagnetic records, etc., or by any other means, reduces their utility, shall be punished by imprisonment for not more than three years or by a fine not exceeding seven million won.
A person who destroys a structure being used for the public interest, shall be punished by imprisonment for not more than ten years or by a fine not exceeding twenty million won.
(1) A person who commits any crime of the preceding two Articles, thereby endangering another's life or limb, shall be punished by imprisonment 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 for a limited term of at least three years.
(1) A person who commits the crime of Article 366 through the threat of collective force or by carrying a dangerous weapon, shall be punished by imprisonment for not more than five years, or by a fine not exceeding ten million won.
(2) A person who commits the crime of Article 367 by the methods paragraph (1) shall be punished by limited imprisonment for at least one year or by a fine not exceeding twenty million won.
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 for not more than three years or by a fine not exceeding five million won.
Attempts to commit any crime of Articles 366, 367 and 369 shall be punished.
Article 346 shall apply mutatis mutandis to the crimes of this Chapter.
This Act shall enter into force six months after the date of its promulgation.
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 herein.