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

CHAPTER XXXII CRIMES CONCERNING RAPE AND INFAMOUS CONDUCT

Article 297 (Rape)

A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment for a limited term of at least three years.

Article 297-2 (Imitative Rape)

A person who, by means of violence or intimidation, inserts his/her sexual organ into another's bodily part (excluding a genital organ), such as mouth or anus, or inserts his/her finger or other bodily part (excluding a genital organ) or any instrument into another's genital organ or anus shall be punished by imprisonment for a limited term of at least two years.

Article 298 (Indecent Act by Compulsion)

A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.

Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)

A person who has sexual intercourse with another or commits an indecent act on another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Article 297, 297-2, or 298.

Article 300 (Attempts)

Attempts to commit any of the crimes of Articles 297, 297-2, 298 and 299 shall be punished.

Article 301 (Inflicting or Causing Another's Bodily Injury by Rape, etc.)

A person who commits any of the crimes of Articles 297, 297-2, and 298 through 300, thereby inflicting or causing the injury of a victim of such crime, shall be punished by imprisonment for life or for at least five years.

Article 301-2 (Killing Another or Causing Death of Another by Rape, etc.)

A person who commits any of the crimes of Articles 297, 297-2, and 298 through 300 and kills a victim of such crime shall be punished by death or imprisonment for life. If the commission of such crime results in the death of the victim, the perpetrator shall be punished by imprisonment for life or for at least ten years.

Article 302 (Sexual Intercourse with Minor, etc.)

A person who, through fraudulent means or by the threat of force, has sexual intercourse or commits an indecent act on a minor or feeble-minded person, shall be punished by imprisonment for not more than five years.

Article 303 (Sexual Intercourse by Abuse of Occupational Authority, etc.)

(1) A person who, by means of fraud or by the threat of authority, has sexual intercourse with another who is under his or her protection or supervision for his or her business, employment or other relationship, shall be punished by imprisonment for not more than five years, or by a fine not exceeding fifteen million won.
(2) A person who has sexual intercourse with another held in his or her custody according to an Act shall be punished by imprisonment for not more than seven years.

Article 304 Deleted.

Article 305 (Sexual Intercourse or Indecent Acts with Minor)

A person who has sexual intercourse with another who is under thirteen years of age or commits an indecent act on such person shall be punished under Article 297, 297-2, 298, 301, or 301-2.

Article 305-2 (Habitual Offenders)

A person who habitually commits any of the crimes of Articles 297, 297-2, 298 through 300, 302, 303, and 305 shall be punished by aggravating the penalty by up to one half of the penalty specified for the crime committed.

Article 306 Deleted.

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

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