(1) The criminality and punishability of an act shall be determined by the law in effect at the time of the commission of that act.
(2) When a law is changed after the commission of a crime, such act thereby no longer constitutes a crime under the new law, or the punishment therefor under the new law becomes less severe than under the previous law, the new law shall apply.
(3) When a law is changed after the sentence for a crime committed under the previous law has become final and such act thereby no longer constitutes a crime, the execution of the punishment shall be remitted.

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

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

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

This Act shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea:
1. Crimes concerning insurrection;
2. Crimes concerning foreign aggression;
3. Crimes concerning the national flag;
4. Crimes concerning currency;
5. Crimes concerning securities, postage and revenue stamps;
6. Crimes specified in Articles 225 through 230 among crimes concerning documents; and
7. Crimes specified in Article 238 among crimes concerning seals.

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

If an offender has undergone execution of sentence imposed abroad because of crime, either in whole or in part, the punishment therefor in Korea may be mitigated or remitted.

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

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

(1) The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.
(2) For the conduct of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment shall be mitigated.
(3) The provisions of the preceding two paragraphs shall not apply to the act of one who, in anticipation of danger of a crime, has intentionally incurred one's mental disorder.

Punishment shall be mitigated for the act of deaf-mutes.

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

Act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by Act.

Act performed through ignorance of the facts which comprise the constituents of a crime by neglect of normal attention, shall be punishable only when prescribed so by Act.

(1) Act performed through ignorance of the facts which constitute especially more severe crimes shall not be punishable for such severe crimes.
(2) Crimes for which punishment become more severe due to results thereof, shall not be punishable for more severe crimes if such results were not foreseeable.

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

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

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

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

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

(1) An act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest shall not be punishable if there are reasonable grounds for that act.
(2) When a preventive act has exceeded normal limits, the punishment may be mitigated or remitted according to the extenuating circumstances.
(3) In the case of the preceding paragraph, an act performed through fear, surprise, excitement, or confusion in the night or under other extraordinary circumstances shall not be punishable.

(1) An act which is performed in order to avoid impending danger against the one's own or another person's legal interest shall not be punishable when there are reasonable grounds.
(2) The provisions of the preceding paragraph shall not apply to a person charged with duties not to avoid the danger.
(3) The provisions of paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to this Article.

(1) When it is impossible to preserve a claim by legal procedure, the action taken in order to avoid the impossibility or significant difficulties of its execution shall not be punishable when there are reasonable grounds.
(2) When the action defined in the preceding paragraph has exceeded reasonable limits, the punishment may be mitigated or remitted according to the circumstances.

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

(1) When an intended crime is not completed or if the intended result does not occur, it shall be punishable as an attempted crime.
(2) The punishment for attempted crime may be mitigated than that of consummated crime.

When a person voluntarily ceases his criminal act which he began or prevents the result of the culmination thereof, the punishments shall be mitigated or remitted.

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

When a conspiracy or the preparatory action for a crime has not reached commencement stage for the commission of the crime, the person shall not be punishable, except as otherwise provided by Acts.

The punishment for attempted crimes shall be specifically provided in each Article concerned.

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

(1) For a person who instigates another to commit a crime, the same punishment shall be applied to the instigator as one who actually commits the crime.
(2) When a person is instigated and consents to carry out a crime but does not reach the commencement stage for the commission thereof, the punishment for conspiracies or preparations thereof shall apply mutatis mutandis to the instigator and the instigated person.
(3) Even though the instigated person does not consent to the commission of a crime, the preceding paragraph shall apply to the instigator.

(1) Those who aid and abet the commission of a crime by another person shall be punished as accessories.
(2) The punishment of accessories shall be mitigated to less than that of the principals.

To a person who collaborates in the commission of a crime in which person's status is an element, the provisions of the preceding three Articles shall apply even though that person lacks such status: Provided, That when the severity of a punishment varies with the accused's status, the heavier punishment shall not be imposed on that person who lacks such status.

(1) A person who commits a crime by instigating or aiding and abetting another who is not punishable for such conduct, or who is punishable as an offender through negligence, shall be punishable in accordance with the provision for an instigator or accessory.
(2) A person who causes the results envisaged in the preceding paragraph by instigating or aiding and abetting another person who is under his control and supervision, shall be punished by increasing one half of the maximum term or maximum amount of penalty provided for the principal in the case of instigating, and with the penalty provided for the principal in the case of aiding and abetting.

(1) A person who, having been punished with imprisonment without prison labor or more severe punishment within three years after the date on which the execution has been completed or remitted, commits such crimes as shall be punished with imprisonment without prison labor or more severe punishment shall be punished as a repeating offender.
(2) Punishment for a repeated crime may be aggravated to twice the maximum term of that specified for such crime.

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

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

(1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification:
1. In the event punishment specified for the most severe crime is a death penalty or imprisonment for life or imprisonment without prison labor for life, the punishment provided for the most severe crime shall be imposed;
2. In the event the punishments specified for each crime are of the same kind, other than a death penalty or imprisonment for life or imprisonment without prison labor for life, the maximum term or maximum amount for the most severe crime shall be increased by one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, although minor fine and minor fine, or confiscation and confiscation may be imposed concurrently; and
3. In the event the punishments specified for each crime are of different kind other than imprisonment for life or imprisonment without prison labor for life, they shall be imposed together.
(2) In regard to each subparagraph of the preceding paragraph, imprisonment and imprisonment without prison labor shall be regarded as the same kind of punishments and punishment shall be done with imprisonment.

(1) In the event there is a crime which has not been adjudicated among the concurrent crimes, a sentence shall be imposed on the said crime taking account of equity with the case where the said crime is adjudicated concurrently with a crime which has been finally adjudicated. In this case the said punishment may be mitigated or exempted.
(2) Deleted.
(3) When a person who has been sentenced for concurrent crimes receives amnesty or remission of the execution of punishment with respect to any one of the concurrent crimes, punishment for the remaining crimes shall be determined de novo.
(4) In the execution of punishment specified in the preceding three paragraphs, the period of sentence already served shall be taken into account.

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

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.

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.

(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.

(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.

A fine shall be fifty thousand won or more: Provided, that in case of a mitigation, it may be less than fifty thousand won.

Detention shall be from one day to thirty days.

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

(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.

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.

(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.

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.

(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.

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

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.

(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.

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.

(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.

(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.

(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.

(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]

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

(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.

(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.

(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]

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.

(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.

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.

The death penalty shall be executed by hanging at a prison.

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

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

(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.

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.

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.

(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.

(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.

(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]

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.

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]

(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.

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

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.

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.

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.

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.

Terms fixed by year or month shall be calculated in accordance with the calendar.

(1) Term of punishment shall be calculated from the day when the judgment becomes final.
(2) The number of days for which confinement is not enforced in case of imprisonment, imprisonment without prison labor, detention or lock-up shall not be counted in the term of punishment.

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

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