CRIMINAL ACT (PART II INDIVIDUAL PROVISIONS) [See entire ACT]

CHAPTER I CRIME CONCERNING INSURRECTIONS

Article 87 (Insurrection)

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.

Article 88 (Homicide for Purpose of Insurrection)

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.

Article 89 (Attempts)

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

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

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

Article 91 (Definition of Subverting Constitution)

The purpose of subverting the Constitution in this Chapter shall mean those acts which fall within any one of the following subparagraphs:
1. To extinguish the function of the Constitution or Acts without observing the procedure provided by the Constitution or Acts; and
2. To overthrow government organs established by the Constitution or to make render the exercise of their functions impossible by force.

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

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