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

CHAPTER II CRIMES CONCERNING FOREIGN AGGRESSION

Article 92 (Inducement of Foreign Aggression)

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

Article 93 (Taking Side with Enemy)

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

Article 94 (Benefiting Enemy by Levying Soldiers)

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

Article 95 (Benefiting Enemy by Providing Equipment)

(1) A person who provides an enemy with country troops, fortresses, camps, or vessels, airplanes, such other places, 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.

Article 96 (Benefiting Enemy by Destroying Equipment)

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

Article 97 (Benefiting Enemy by Delivering Goods)

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

Article 98 (Spy)

(1) A person who acts as a spy for an enemy country, or aids or abets a spy of an enemy country, shall be punished by death, imprisonment 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.

Article 99 (Benefiting Enemy by Other Methods)

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

Article 100 (Attempts)

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

Article 101 (Preparations, Conspiracies, Agitation or Propaganda)

(1) A person who prepares or conspires with intent to commit any of the crimes of Articles 92 through 99 shall be sentenced to imprisonment 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.

Article 102 (Quasi-Enemy Country)

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

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

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

Article 104 (Allied Power)

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

Article 104-2 Deleted.

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call (+82) 2-539-0098 or email bongsoo@k-labor.com

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