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

CHAPTER XIII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE

Article 164 (Setting Fire to Present Living Building, etc.)

(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.

Article 165 (Setting Fire to Public Structures, etc.)

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.

Article 166 (Setting Fire to Other Structures, etc.)

(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.

Article 167 (Setting Fire to General Goods)

(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.

Article 168 (Spread of Fire)

(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.

Article 169 (Obstruction to Fire Fighting)

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.

Article 170 (Fire Caused by Negligence)

(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.

Article 171 (Fire Caused by Occupational Negligence, Fire by Gross Negligence)

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.

Article 172 (Burst of Explosive Substances)

(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.

Article 172-2 (Discharge of Gas, Electricity, etc.)

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.

Article 173 (Obstruction to Supply of Gas, Electricity, etc.)

(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.

Article 173-2 (Burst, etc. of Explosive Substances by Negligence)

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.

Article 174 (Attempts)

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.

Article 175 (Preparations, Conspiracies)

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.

Article 176 (Criminal's Property Which is Subject to Another Person's Right)

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.

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

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