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

CHAPTER XXXI CRIMES OF TRAFFICKING IN PERSONS

Article 287 (Kidnapping or Abduction of Minors)

A person who obtains and maintains a minor under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement shall be punished by imprisonment for not more than ten years.

Article 288 (Kidnapping, Abduction, etc. for Purpose of Indecent Acts, etc.)

(1) A person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of engaging in an indecent act, sexual intercourse or marriage, or for gain shall be punished by imprisonment for at least one year up to ten years.
(2) A person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs, shall be punished by imprisonment for at least two years up to fifteen years.
(3) The preceding paragraph shall apply to a person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of transporting him/her out of the Republic of Korea, or a person who transports such a victim out of the Republic of Korea.

Article 289 (Trafficking in Persons)

(1) A person who buys or sells another shall be punished by imprisonment for not more than seven years.
(2) A person who buys or sells another for the purpose of engaging in an indecent act, sexual intercourse, marriage, or for gain, shall be punished by imprisonment for at least one year up to ten years.
(3) A person who buys or sells another for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs shall be punished by imprisonment for at least two years up to fifteen years.
(4) The preceding paragraph shall apply to a person who buys or sells another for the purpose of transporting him or her out of the Republic of Korea, or a person who transports a purchased person out of the Republic of Korea.

Article 290 (Inflicting or Causing Another's Bodily Injury while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.)

(1) A person who commits any of the crimes of Articles 287 through 289, thereby inflicting the injury of a victim of such crime, shall be punished by imprisonment for at least three years up to twenty-five years.
(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the injury of a victim of such crime, shall be punished by imprisonment for at least two years up to twenty years.

Article 291 (Killing Another or Causing Death of Another while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.)

(1) A person who commits any of the crimes of Articles 287 through 289, thereby killing a victim of such crime, shall be punished by death or imprisonment for life or for at least seven years.
(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the death of a victim of such crime, shall be punished by imprisonment for life or for at least five years.

Article 292 (Receiving, Harboring, etc. of Person Kidnapped, Abducted, Trafficked, or Transported)

(1) A person who receives or harbors a victim of any of the crimes of Articles 287 through 289, shall be punished by imprisonment for not more than seven years.
(2) The preceding paragraph shall apply to a person who recruits, transfers or delivers another with the intent to commit any of the crimes of Articles 287 through 289.

Article 293 Deleted.

Article 294 (Attempts)

Attempts to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1) shall be punished.

Article 295 (Concurrent Imposition of Fines)

In regard to the crimes of Articles 288 through 291 and Article 292 (1) and the attempts to commit these crimes, a fine not exceeding fifty million won may be concurrently imposed.

Article 295-2 (Mitigation of Punishment)

If a person who has committed any of the crimes of Articles 287 through 290 and Articles 292 and 294 releases the victim to a safe place, the punishment may be mitigated.

Article 296 (Preparations or Conspiracies)

A person who makes preparations or conspires with the intent to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1), shall be punished by imprisonment for not more than three years.

Article 296-2 (Universality)

Articles 287 through 292 and Article 294 shall apply to aliens who commit any of the crimes in these Articles outside the territory of the Republic of Korea.

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

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