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

CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL CONFINEMENT

Article 276 (False Arrest, Illegal Confinement, Those on Lineal Ascendant)

(1) A person who illegally arrests or confines another, shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
(2) When the crime as referred to in paragraph (1) is committed on the lineal ascendant of the offender or one's spouse, one shall be punished by limited imprisonment for not more than ten years, or a fine not exceeding fifteen million won.

Article 277 (Aggravated False Arrest, Aggravated Illegal Confinement, Those on Lineal Ascendant)

(1) A person who illegally arrests or confines another, thereby treating that person cruelly, shall be punished by imprisonment for not more than seven years.
(2) When the crime of the preceding paragraph is committed on the lineal ascendant of the offender or of one's spouse, one shall be punished by limited imprisonment for at least two years.

Article 278 (Special False Arrest or Illegal Confinement)

When a crime prescribed in any provision of the preceding two Articles is committed by means of the threat of collective force or by carrying a dangerous weapon, the perpetrator shall be punished by aggravating the penalty by up to one half of the penalty specified for the relevant crime.

Article 279 (Habitual Crimes)

A person who habitually commits any crime prescribed in Article 276 or 277 shall be punished under the preceding Article.

Article 280 (Attempts)

Attempts to commit any crime of the preceding four Articles shall be punished.

Article 281 (Death or Injury caused by Arrest, Confinement, etc.)

(1) A person who commits any crime of Articles 276 through 280 to injure another person shall be punished by imprisonment for a limited term of at least one year. If it results in death, the perpetrator shall be punished by imprisonment for a limited term of at least three years.
(2) A person who commits any crime of Articles 276 through 280 against a lineal ascendant of his/her own or his/her spouse to injure the lineal ascendant 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 five years.

Article 282 (Concurrent Imposition of Suspension of Qualifications)

For the crimes of this Chapter, suspension of qualifications for not more than ten years may be concurrently imposed.

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

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