CRIMINAL ACT (PART I GENERAL PROVISIONS) [See entire ACT]

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;
2. Imprisonment;
3. Imprisonment without prison labor;
4. Deprivation of qualifications;
5. Suspension of qualifications;
6. Fine;
7. Detention;
8. Minor fine; and
9. Confiscation.

Article 42 (Term of Imprisonment or Imprisonment without Prison Labor)

Imprisonment or imprisonment without prison labor shall be either for life or for a limited term, and the limited term shall be from one month to 30 years: Provided, That it may be extended 50 years in cases of the aggravation of punishment.

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

(1) A person who is sentenced to death penalty, imprisonment for life or imprisonment without prison labor for life, shall be deprived of the qualifications prescribed as follows:
1. Qualifications to become public officials;
2. Suffrage and eligibility under public Act;
3. Qualifications concerning business under public Act, for which necessary conditions have been prescribed by Acts; and
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 for a limited term or imprisonment without prison labor for a limited term shall be under suspension of qualifications as mentioned in subparagraphs 1 through 3 of the preceding paragraph until the execution of punishment is completed or remitted.

Article 44 (Suspension of Qualifications)

(1) Suspension of all or part of the qualifications specified in the preceding Article shall be for at least one year up to fifteen years.
(2) When both limited imprisonment or limited imprisonment without prison labor and suspension of qualifications have been concurrently imposed, the term of suspension shall be calculated from the day when the execution of imprisonment or imprisonment without prison 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.

Article 46 (Detention)

Detention shall be from one day to thirty days.

Article 47 (Minor Fine)

A minor fine shall be from two thousand to fifty thousand won.

Article 48 (Confiscation and Additional Collection)

(1) A thing which is not the property of a person other than the criminal, or which was 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 if it is:
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; and
3. A thing received in exchange for a thing mentioned in the preceding two subparagraphs.
(2) When the things mentioned in the preceding paragraph cannot be confiscated, the equivalent price thereof shall be collected.
(3) When only a part of a document, books and drawing, special media records, such as electromagnetic records, etc., or valuable security is confessable, that part shall be destroyed.

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 stated in Article 41: Provided, That imprisonment without prison labor for life shall be deemed to be more severe than limited imprisonment. When the length of a fixed term of imprisonment without prison labor exceeds the length of a fixed term of imprisonment, the imprisonment without prison 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 the provisions of the preceding two paragraphs, severity shall be determined by the nature and circumstances of the crime.

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 for the commission of the crime, the means and the result; and
4. Circumstances after the commission of the crime.

Article 52 (Self-denunciation and Voluntary Confession)

(1) When self-denunciation is made to competent authorities who have the responsibility to investigate the crimes, the punishment may be mitigated or remitted.
(2) The preceding paragraph shall apply when voluntary confession is made to the victim in respect to crimes which cannot be prosecuted against the victim's will.

Article 53 (Discretionary Mitigation)

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

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.

Article 55 (Statutory Mitigation)

(1) Statutory mitigation shall be as follows:
1. When a death penalty is to be mitigated, it shall be reduced to imprisonment, with or without prison labor, for life or for at least 20 years up to 50 years;
2. When imprisonment for life, with or without prison labor, is to be mitigated, it shall be reduced to imprisonment, with or without prison labor, for at least ten years up to 50 years;
3. When limited imprisonment or limited imprisonment without prison 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 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)

When 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 Articles of particular provisions;
2. Aggravation pursuant to Article 34 (2);
3. Aggravation for repeated crimes;
4. Statutory mitigation;
5. Aggravation for concurrent crimes; and
6. Discretionary mitigation for extenuating circumstances.

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

(1) The number of days of confinement before imposition of sentence shall be included in whole or in part to the period of limited imprisonment, or limited imprisonment without prison labor, or lockup at workhouse in respect to a fine or minor fine, or detention.

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

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) When a judgment of not guilty or acquittal is rendered, public announcement of the judgment may be ordered.

SECTION 3 Suspension of Imposition of Sentence

Article 59 (Requisites for Suspension of Impositions of Sentence)

(1) If, in cases where punishments of imprisonment or imprisonment without prison labor for not more than one year, suspension of qualifications, or fines are to be imposed, there are extenuating circumstances in application 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 in case of a person who has previously been convicted and received a sentence of suspension of qualifications or more severe punishment.
(2) Even when punishments are concurrently imposed, the imposition of sentence may be suspended either in whole or in part.

Article 59-2 (Probation)

(1) In case 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 year.
[This Article Newly Inserted by Act No. 5057, 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 more severe punishment is rendered, or when a prior conviction resulting in suspension of qualifications or more severe 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.

SECTION 4 Suspension of Execution of Sentence

Article 62 (Requisites for Suspension of Execution of Sentence)

(1) Where a sentence of imprisonment, with or without prison labor, for up to three years 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 prison labor or any heavier punishment was completed executed or discharged.
(2) When punishments are to be imposed concurrently, execution of a part of the punishment may be suspended separately.

Article 62-2 (Probation, Social Service or Order to Taking 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.
[This Article Newly Inserted by Act No. 5057, 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 prison 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.

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.
(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.

Article 65 (Effect of Suspension of Execution of Sentence)

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

Article 67 (Imprisonment)

Imprisonment shall be executed by the confinement in prison and performance of prescribed work.

Article 68 (Imprisonment without Prison Labor and Detention)

Imprisonment without prison labor and detention shall be executed by confining in prison.

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 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)

When rendering a sentence of fine or minor fine, the court shall simultaneously determine and decree a substitute term of lockup in the event payment of such fine or minor fine is not made in full.

Article 71 (Deduction of Number of Days of Lockup)

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

SECTION 6 Parole

Article 72 (Requisites for Parole)

(1) A person under execution of imprisonment or imprisonment without prison labor who has behaved himself well and has shown sincere repentance may be provisionally released by an act of the administrative authorities when 20 years of a life sentence or one-third 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 the preceding paragraph, the amount thereof shall be paid in full in order for the parole to be granted.

Article 73 (Confinement before Imposition of Sentence and Parole)

(1) In connection with 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) The number of days of confinement before imposition of sentence counted as the period of confinement for fine or minor fine shall be deemed to be the payment of a corresponding amount in cases referred to in paragraph (2) of the preceding Article.

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

(1) The period of parole shall be ten years for a person sentenced to imprisonment for life 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 by Act No. 5057, Dec. 29, 1995]

Article 74 (Nullification of Parole)

When a judgment has become final by sentence of imprisonment without prison labor or more severe punishment during the period of parole, the grant of parole shall lose its effect: Provided, That this shall not apply in the cases where the sentence results from a negligence crime.

Article 75 (Revocation of Parole)

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 Newly Inserted by Act No. 5057, Dec. 29, 1995]

Article 76 (Effect of Parole)

(1) When the period of parole has elapsed without losing its effect or being revoked, after the disposition of parole is made, the execution of sentence shall be considered to have been terminated.
(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 Guilty

Article 77 (Effect of Prescription)

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

Article 78 (Period of Prescription)

A period of prescription is completed when judgment of guilt has not been executed for the following periods after the judgment has become final:
1. Thirty years, in the event of death penalty;
2. Twenty years, in the event of imprisonment for life or imprisonment without prison labor for life;
3. Fifteen years, in the event of imprisonment or imprisonment without prison labor for at least ten years;
4. Ten years, in the event of imprisonment or imprisonment without prison labor for at least three years, or in the event of suspension of qualifications for at least ten years;
5. Five years, in the event of imprisonment or imprisonment without prison labor for less than three years, or in the event of suspension of qualifications for at least five years;
6. Three years, in the event of suspension of qualifications for less than five years, fine, confiscation, or collection; and
7. One year, in the event of detention or minor fine.

Article 79 (Suspension of Prescription)

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.

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, imprisonment without prison 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 or imprisonment without prison labor, or who had received remission of the execution, being sentenced to suspension of qualifications or more severe punishment after compensating the victim for his damages, the invalidation of the judgment may be rendered at the request of the person himself or a public prosecutor.

Article 82 (Restoration of Rights)

In case 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 more severe punishment after compensating the victim for his damages, the recovery of qualification may be granted upon the request of the person himself or a public prosecutor.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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