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

CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER FROM EXERCISING HIS RIGHT

Article 323 (Obstructing Another from Exercising One's Right)

A person who carries away, conceals, destroys or damages his own property, or special media records, such as electromagnetic records, etc., which is possessed by another or is subject to another's right, thereby obstructing the latter from exercising ones right, shall be punished by imprisonment for not more than five years or by a fine not exceeding seven million won.

Article 324 (Coercion)

A person who obstructs another from exercising his right by violence or intimidation, or coerces one to do any unobliged work, shall be punished by imprisonment for not more than five years.

Article 324-2 (Coercion by Hostage)

A person who arrests or confines another or obtains or maintains another under the control of his/hers as hostage by use of force or by enticement and interferes with the exercise of a right by a third person or force a third person to do any work the third party is not obliged to do shall be punished by imprisonment for a limited term of at least three years.

Article 324-3 (Injury by Hostage)

If a person who has committed the crime as prescribed in Article 324-2, injures the hostage, or making the hostage injured, the person shall be punished by imprisonment for life or five or more years.

Article 324-4 (Murder of Hostage, etc.)

If a person who has committed the crime as prescribed in Article 324-2, murders the hostage, the person shall be punished by death or imprisonment for life. If it results in the death, he shall be punished by imprisonment for life or ten or more years.

Article 324-5 (Attempts)

Attempts to commit any crime of Articles 324 through 324-4 shall be punished.

Article 324-6 (Mitigation of Punishment)

If a person who has committed the crime as prescribed in Article 324-2 or 324-3, or who has attempt the crime, releases the hostage to a safe place, the punishment may be mitigated.

Article 325 (Forcible or Quasi-Forcible Taking)

(1) A person who forcibly takes his or her own property from another's possession by violence or intimidation, shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years.
(2) The preceding paragraph shall apply to a person who takes his or her own property from another's possession and uses violence or intimidation in order to resist their recovery, to escape arrest or to obliterate a trace of the crime.
(3) Attempts to commit any crime of the preceding two paragraphs shall be punished.

Article 326 (Aggravated Obstruction)

A person who endangers another's life by committing the crimes as prescribed in Article 324 or 325, shall be punished by imprisonment for not more than ten years.

Article 327 (Evasion of Execution)

A person who, for the purpose of evading execution, conceals, destroys, damages, fraudulently transfers or encumbers his property, thereby causing a loss to ones creditor, shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.

Article 328 (Crimes and Complaints among Relatives)

(1) When the crime of Article 323 is committed against lineal blood relatives of the offender, the spouse, relatives living together, family members living together or their spouses, punishment therefor shall be remitted.
(2) When the crime of Article 323 is committed against relatives other than those in paragraph (1), the prosecution shall be instituted only upon complaint.
(3) The preceding paragraph shall not apply to an accomplice who is not a relative within the meaning of the preceding two paragraphs.

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

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