대한민국 형법 영어로 작성된 것

January 29, 2001

THE CRIMINAL CODE

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BOOK I GENERAL RULES
CHAPTER I LIMIT OF OPERATION OF CRIMINAL CODE
Article 1 (Criminality and Punishability of an Act) (1) The criminality and punishability of an act shall be determined by the law prevailing at the time of the commission of that act. 

(2) When a law is changed after the commission of a crime, such act thereby no longer constituting a crime under the new law, or the punishment therefor under the new law being less severe than under the previous law, the new law shall apply. 

(3) When a law is changed after the sentence for a crime committed under the law has become final, such act thereby no longer constituting a crime, the execution of the punishment shall be remitted. 

Article 2 (Domestic Crimes) This Code shall apply both to Korean nationals and aliens who commit crimes within the territory of the Republic of Korea. 

Article 3 (Crimes by Koreans outside Korea) This Code shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea. 

Article 4 (Crimes by Aliens on Board Korean Vessel, etc. outside Korea) This Code shall apply to aliens who commit crimes on board a Korean vessel or Korean aircraft outside the territory of the Republic of Korea. 

Article 5 (Crimes by Aliens outside Korea) This Code shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea: 

1. Crimes concerning insurrection; 

2. Crimes concerning foreign aggression; 

3. Crimes concerning the national flag; 

4. Crimes concerning currency; 

5. Crimes concerning valuable securities, postage and revenue stamps; 

6. Crimes specified in Articles 225 to 230 concerning documents; and 

7. Crimes specified in Article 238 concerning seals. 

Article 6 (Foreign Crimes against the Republic of Korea and Korean National outside Korea) This Code shall apply to aliens who commit crimes, other than those specified in the preceding Article, against the Republic of Korea or her nationals outside the territory of the Republic of Korea, except where such facts under existing law at the place of the act do not constitute a crime, or the prosecution thereof or the execution of the punishment therefor is remitted. 

Article 7 (Execution of Sentence Imposed abroad) If an offender has undergone execution of sentence imposed abroad because of crime, either in whole or in part, the punishment therefor in Korea may be mitigated or remitted. 

Article 8 (Application of General Provisions) The general provisions of this Code shall also apply to those crimes for which punishment is provided by other laws except as is otherwise provided by such laws. 

CHAPTER II CRIME
SECTION 1 Commission of Crime and Mitigation of Sentence
Article 9 (Criminal Minors) The act of a person under fourteen years of age shall not be punishable. 

Article 10 (Persons with Mental Disorders) (1) The act of one who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punishable. 

(2) For the conduct of one who, because of mental disorder, is deficient in the abilities mentioned in the preceding Paragraph, the punishment shall be mitigated. 

(3) The provisions of the preceding two Paragraphs shall not apply to the act of one who, in anticipation of their commission of a crime, has intentionally incurred one's mental disorder. 

Article 11 (Deaf-Mutes) Punishment shall be mitigated for the act of deaf-mutes. 

Article 12 (Action Compelled) Action compelled by either irresistible force or threat against which there is no other way to protect the life or body of the compelled person or his relatives from injuries shall not be punishable.

Article 13 (Criminal Intent) Act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by law. 

Article 14 (Negligence) Act performed through ignorance of the facts which comprise the constituents of a crime by neglect of normal attention, shall be punishable only when prescribed by law. 

Article 15 (Mistake of Fact) (1) Act performed through ignorance of the facts which constitute specially more severe crimes shall not be punishable as more severe crimes. 

(2) Crime for which punishment is more severe for certain results, shall not be punishable as a more severe crime if such results were not foreseeable. 

Article 16 (Mistake of Law) When a person commits a crime through the misunderstanding that his act does not constitute a crime under existing law, he shall not be punishable only when the misunderstanding is based on reasonable grounds. 

Article 17 (Causation) When an act is not connected with the causing of the danger which is an element of a crime, it shall not be punishable because of its results. 

Article 18 (Crime committed through Omission) When a person who, having a duty to prevent the occurrence of danger, or having caused the occurrence of danger, does not prevent the occurrence of danger, the punishment shall be imposed in accordance with the results of such danger. 

Article 19 (Concurrence of Independent Act) When a series of independent acts concur at the same time or at several times, each act shall be punished as an attempted crime, if it is not ascertainable which act has produced the result thereof. 

Article 20 (Justifiable Act) An act which is conducted in accordance with a law, or in pursuance of accepted business practices, or other action which does not violate the social mores shall not be punishable. 

Article 21 (Self-defense) (1) An act which is performed in order to prevent impending and unjust infringement of one's own legal interest or of another person shall not be punishable when there are reasonable grounds. 

(2) When a preventive act has exceeded normal limits, the punishment may be mitigated or remitted according to the extenuating circumstances. 

(3) In the case of the preceding Paragraph, an act performed through fear, surprise, excitement, or confusion in the night or under other extraordinary circumstances shall not be punishable. 

Article 22 (Necessity) (1) An act which is performed in order to avoid impending danger against the one's own legal interest or of another person shall not be punishable when there are reasonable grounds. 

(2) The provisions of the preceding Paragraph shall not apply to a person charged with duties not to avoid the danger. 

(3) The provisions of Paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to this Article. 

Article 23 (Self-help) (1) When it is impossible to preserve a claim by legal procedure, the action taken in order to avoid the impossibility or outstanding difficulties of its execution shall not be punishable when there are reasonable grounds. 

(2) When the action defined in the preceding Paragraph has exceeded reasonable limits, the punishment may be mitigated or remitted according to the circumstances. 

Article 24 (Consent of Victim) An act which infringes a legal interest with the consent of one who is authorized to dispose of such interest shall not be punishable except as otherwise provided by law. 

SECTION 2 Criminal Attempts 

Article 25 (Criminal Attempts) (1) When an intended crime is not completed or if the intended result fails to occur, it shall be punishable as an attempted crime. 

(2) The punishment for attempted crime may be mitigated to less than that for the consummated crime. 

Article 26 (Crime Stopped Voluntarily) When a person voluntarily stops his criminal act which he began or prevents the culmination thereof, the punishments shall be mitigated or remitted. 

Article 27 (Impossible Crime) Even though the occurrence of a crime is impossible because of the means adopted for the commission of the crime or because of mistake of objects, the punishment shall be imposed if there has been a resulting danger, but the punishment may be mitigated or remitted. 

Article 28 (Conspiracy and Preparation) When a conspiracy or the preparatory action for a crime has not reached commencement stage for the commission of the crime, the person shall not be punishable, except as otherwise provided by law. 

Article 29 (Punishment of Attempts) The punishment for attempted crimes shall be specifically provided in each Article concerned. 

SECTION 3 Complicity 

Article 30 (Co-principals) When two or more persons have jointly committed a crime, each of them shall be punished as a principal offender for the crime committed. 

Article 31 (Instigator) (1) For a person who instigates another to commit a crime, the same punishment shall be applied as one who actually commits the crime. 

(2) When a person is instigated and consents to carry out a crime but does not reach the commencement stage for the commission thereof, the punishment for conspiracies or preparations thereof shall apply mutatis mutandis to the instigator and the instigated person. 

(3) Even though the instigated person does not consent to the commission of a crime, the preceding Paragraph shall apply to the instigator. 

Article 32 (Accessories) (1) Those who aid and abet the commission of a crime by another person shall be punished as accessories. 

(2) The punishment of accessories shall be mitigated to less than that of the principals. 

Article 33 (Complicity and Status) To a person who collaborates in the commission of a crime of which another's status is an element, the provisions of the preceding three Articles shall apply even though he lacks such status, but when the severity of a punishment varies with the accused's status, the more severe punishment shall not be imposed on him who lacks such status. 

Article 34 (Principal through an Innocent Human Agent and Aggravation of Punishment for Particular Instigation or Aiding and Abetting) (1) A person who commits a crime by instigating or aiding and abetting another who is not punishable for such conduct, or who is punishable as an offender through negligence, shall be punishable in accordance with the provision for an instigator or accessory. 

(2) A person who causes the results envisaged in the preceding Paragraph by instigating or aiding and abetting another person who is under his control and supervision, shall be punished by increasing one half of the maximum term or maximum amount of penalty provided for the principal in the case of instigating, and with the full penalty provided for the principal in the case of aiding and abetting. 

SECTION 4 Repeated Crime (Recidivism) 

Article 35 (Repeated Crime) (1) A person who, having been punished with imprisonment or more severe punishment within three years after the day on which the execution has been completed or remitted, shall be punished as a repeating offender. 

(2) Punishment for a repeated crime may be aggravated to twice the maximum term of that specified for such crime. 

Article 36 (Discover of Repeated Crime after the Imposition of Sentence) When a repeated crime is discovered after the imposition of sentence, the punishment may be determined de novo by adding to the criminal sentence, except when the execution of the sentence imposed has been completed or remitted. 

SECTION 5 Concurrent Crimes 

Article 37 (Concurrent Crimes) Several crimes for which judgment has not become final, or a crime for which judgement has become final and a crime committed before the final judgment shall be regarded as concurrent crimes. 

Article 38 (Concurrent Crimes and Application of Punishment) (1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification: 

1. In the event punishment specified for the most severe crime is a death penalty or penal servitude for life or imprisonment for life, the punishment provided for the most severe crime shall be imposed; 

2. In the event the punishments specified for each crime are of the same kind, other than a death penalty or penal servitude for life or imprisonment for life, the maximum term or maximum amount for the most severe crime shall be increased by one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, although minor fine or confiscation may be imposed together; 

3. In the event the punishments specified for each crime are of different kind other than penal servitude for life or imprisonment for life, they shall be imposed together. 

(2) In regard to each Subparagraph of the preceding Paragraph, penal servitude and imprisonment shall be regarded as the same kind of punishments. 

Article 39 (Concurrent Crimes not Adjudicated; Several Judgments and Concurrent Crimes; and Execution of Punishment and Concurrent Crimes) (1) In the event there are one or more concurrent crimes which have not been adjudicated, sentence shall be imposed for the crime or crimes not adjudicated. 

(2) In the event several judgements as set forth in the preceding Paragraph have been rendered, they shall be executed in accordance with the provisions of the preceding Article. 

(3) When a person who has been sentenced for concurrent crimes receives amnesty or remission of the execution of punishment with respect of any one of the concurrent crimes, punishment for the remaining crimes shall be determined de novo. 

(4) In the execution of punishment specified in the preceding three Paragraphs, the period of sentence already served shall be taken into account. 

Article 40 (Compound Crimes) When a single act constitutes several crimes, punishment provided for the most severe crime shall be imposed. 
  
  

CHAPTER III PUNISHMENT
SECTION 1 Kinds and Severity of Punishments 

Article 41 (Kinds of Punishment) Kinds of punishments shall be as follows: 

1. Death penalty; 

2. Penal servitude; 

3. Imprisonment; 

4. Deprivation of qualifications; 

5. Suspension of qualifications; 

6. Fine; 

7. Detention; 

8. Minor fine; 

9. Confiscation. 

Article 42 (Term of Penal Servitude and Imprisonment) Penal servitude or imprisonment shall be either for life or for a limited term, and the limited term shall be from one month to fifteen years; but it may be extended to for twenty-five years in case of the aggravation of punishment. 

Article 43 (Imposition of Sentence, Deprivation of Qualifications and Suspension of Qualifications) (1) A person who is sentenced to death, penal servitude for life or imprisonment for life, shall be deprived of the qualifications prescribed as follows: 

1. Qualifications to become public officials; 

2. Suffrage and eligibility under public law; 

3. Qualifications concerning business under public law, for which necessary conditions have been prescribed by law; 

4. Qualifications to become a director, auditor or manager of a juristic person or an inspector or custodian concerning the business of a juristic person. 

(2) A person who is sentenced to penal servitude for a limited term or imprisonment for a limited term shall be under suspension of qualifications as mentioned in Subparagraphs 1 through 3 of the preceding Paragraph until the execution of punishment is completed or remitted. 

Article 44 (Suspension of Qualifications) (1) Suspension of all or part of the qualifications specified in the preceding Article shall be for not less than one year nor more than fifteen years. 

(2) When both limited penal servitude or limited imprisonment and suspension of qualifications have been concurrently imposed, the term of suspension shall be reckoned from the day when the execution of penal servitude or imprisonment is completed or remitted. 

Article 45 (Fine) A fine shall be five hundred Hwan or more. 

Article 46 (Detention) Detention shall be from one day to thirty days. 

Article 47 (Minor Fine) A minor fine shall be from fifty Hwan to five hundred Hwan. 

Article 48 (Confiscation and Additional Collection) (1) A thing which is not the property of a person other than the criminal, or which was acquired by a person other than the criminal with the knowledge of its nature after commission of the crime, may be confiscated in whole or in part if it is: 

1. A thing which has been used or was sought to be used in the commission of a crime; 

2. A thing produced by or acquired by means of criminal conduct. 

3. A thing received in exchange for a thing mentioned in the preceding two Subparagraphs; 

(2) When the things mentioned in the preceding Paragraph can not be confiscated, the equivalent price thereof shall be collected. 

(3) When only a part of a document, drawing or valuable security is confiscable, the part shall be abandoned. 

Article 49 (Additional Charactor of Confiscation) Confiscation shall be imposed in addition to other punishment. Even though a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites of confiscation are satisfied. 

Article 50 (Severity of Punishments) (1) The severity of punishments shall be in the order stated in Article 41, but imprisonment for life shall be deemed to be more severe than limited penal servitude. When the length of a fixed term of imprisonment exceeds the length of a fixed term of penal servitude, the imprisonment shall be deemed to be the more severe. 

(2) In case of punishments of the same kind, the one having a longer maximum term or larger maximum amount shall be deemed to be more severe, and when the maximum term or amount is equal, the one having the longer minimum term or larger minimum amount shall be deemed to be more severe. 

(3) Except for the application of the provisions of the preceding two Paragraphs, severity shall be determined by the nature and circumstances of the crime. 

SECTION 2 Determination of Punishment 

Article 51 (General Principles for Determination of Punishment) In determining punishment, the following shall be taken into consideration: 

1. The age, character and conduct, intellect and environment of the offender; 

2. Offender's relation to the injured party; 

3. The motive for the commission of the crime, the means and the result; 

4. Circumstances after the commission of the crime. 

Article 52 (Self-denunciation and Voluntary Confession) (1) When self-denunciation is made to competent authorities who have the responsibility to investigate the crimes, the punishment may be mitigated or remitted. 

(2) The preceding Paragraph shall apply when voluntary confession is made to the injured party in respect to crimes which can not be prosecuted over objection of the injured party. 

Article 53 (Discretionary Mitigation) When there are extenuating circumstances in relation to the commission of a crime, the punishment may be mitigated. 

Article 54 (Optional Penalty and Discretionary Mitigation) Where there are several kinds of punishments prescribed for a single crime, the kinds of the punishment to be imposed shall first be decided and then a mitigation, if any, shall be made. 

Article 55 (Statutory Mitigation) (1) Statutory mitigation is as follows: 

1. When a death penalty is to be mitigated, it shall be reduced to penal servitude or imprisonment, either for life or not less than ten years; 

2. When penal servitude for life or imprisonment for life is to be mitigated, it shall be reduced to limited penal servitude or limited imprisonment for not less than seven years; 

3. When limited penal servitude or limited imprisonment is to be mitigated, it shall be reduced by one half of the term of the punishment; 

4. When deprivation of qualifications is to be reduced, suspension of qualifications for not less than seven years shall be imposed; 

5. When suspension of qualifications is to be mitigated, it shall be reduced by one half of the term thereof; 

6. When a fine is to be mitigated, it shall be reduced by one half of the maximum amount thereof; 

7. When detention is to be mitigated, it shall be reduced by one half of the maximum term thereof; 

8. When a minor fine is to be mitigated, it shall be reduced by one half of the maximum amount thereof. 

(2) When there are several reasons for which the punishment is to be reduced by law, it may be repeatedly mitigated. 

Article 56 (Order of Aggravation and Mitigation) When the grounds for which punishment is to be increased or reduced have occurred at the same time, the following order shall apply: 

1. Aggravation by relevant Articles of particular provisions; 

2. Aggravation by Paragraph (2) of Article 34; 

3. Aggravation for repeated crimes; 

4. Statutory mitigation; 

5. Aggravation for concurrent crimes; 

6. Mitigation for extenuating circumstances. 

Article 57 (Inclusion of Number of Days of Confinement before Imposition of Sentence) (1) The number of days of confinement before imposition of sentence shall be included in whole or in part in the period of limited penal servitude, or limited imprisonment, or lockup at work-house in respect to a fine or minor fine, or detention. 

(2) In the case of the preceding Paragraph, one day of confinement shall be reckoned as one day of the term of penal servitude, or imprisonment, or lockup at work-house in respect to a fine or minor fine, or detention. 

Article 58 (Public Announcement of Judgment) (1) When it is recognized as necessary for the benefit of an injured party, public announcement of the judgment may be made at the expense of the accused but only upon request of the injured party. (2) When a judgment of not guilty or acquittal is rendered, public nnouncement of the judgment may be ordered. 

SECTION 3 Suspension of Imposition of Sentence 

Article 59 (Requisites for Suspension of Impositions of Sentence) (1) If, in cases where punishments of penal servitude or imprisonment for not more than one year, suspension of qualifications, or fines are to be imposed, there are extenuating circumstances in application of the provisions of Article 51 and the criminal shows sincere repentance, the imposition of sentence may be suspended, except for a person who has previously been convicted and received a sentence of suspension of qualifications or more severe punishment. 

(2) Even when punishments are concurrently imposed, the imposition of sentence may be suspended either in whole or in part. 

Article 60 (Effect of Suspension of Imposition of Sentence) After two years have elapsed since the suspension of imposition of sentence, it shall be deemed to be acquitted. 

Article 61 (Nullification of Suspension of Imposition of Sentence) The suspended sentence shall be imposed when another judgment of suspension of qualifications or more severe punishment is decreed, or when a prior conviction resulting in suspension of qualifications or more severe punishment is disclosed during the term of suspension. 

SECTION 4 Suspension of Execution of Sentence 

Article 62 (Requisites for Suspension of Execution of Sentence) (1) If, in cases where a sentence of penal servitude or imprisonment for not more than three years is imposed, there are extenuating circumstances in application of the provision of Article 51, the execution of a sentence for a period of not less than one year nor more than five years may be suspended, provided that five years have elapsed since a sentence to imprisonment or more severe punishment was completed or remitted. 

(2) When punishments are to be imposed concurrently, execution of punishment may be suspended separately.

Article 63 (Nullification of Suspension of Execution of Sentence) When a person whose sentence was suspended is again sentenced to imprisonment or more severe punishment during the period of the suspension and the judgment becomes final, the previous sentence of suspension of execution of sentence shall lose its validity. 

Article 64 (Revocation of Suspension of Execution of Sentence) If the facts of the proviso of Article 62 are discovered after suspension of execution of punishment is rendered, the suspension of execution of sentence shall be revoked. 

Article 65 (Effect of Suspension of Execution of Sentence) After a suspended sentence is rendered, and the term of suspension has fully elapsed without the sentence being nullified or revoked, the sentence shall lose its validity. 

SECTION 5 Execution of Punishment 

Article 66 (Death Penalty) The death penalty shall be executed by hanging at a prison. 

Article 67 (Penal Servitude) Penal servitude shall consist of confinement in prison and performance of prescribed work. 

Article 68 (Imprisonment and Detention) Imprisonment and detention shall be executed by confining in prison. 

Article 69 (Fine and Minor Fine) (1) Fine and minor fine shall be paid within thirty days from the day when the judgment has become final, but when a fine is imposed, confinement in a work-house may be concurrently ordered until the amount thereof is paid in full. 

(2) A person who does not pay a fine in full shall be confined in a work-house and work for a term of not less than one month nor more than three years, or in case of a minor fine, from one day to twenty-nine days. 

Article 70 (Lockup at Work-House) When rendering a sentence of fine or minor fine, the court shall simultaneously determine and decree a substitute term of lockup in the event payment of such fine or minor fine is not made in full. 

Article 71 (Deduction of the Number of Days of Lockup) When a person has paid only a portion of a fine or minor fine to which he was sentenced, such number of days as corresponds to the amount of money paid shall be deducted, in accordance with the ratio of the entire fine or minor fine to the full period set for lockup. 

SECTION 6 Parole 

Article 72 (Requisites for Parole) (1) A person under execution of penal servitude or imprisonment who has behaved himself well and has shown sincere repentance may be provisionally released by an act of the administrative authorities when ten years of a life sentence or one-third of a limited term of punishment has been served. 

(2) If a fine or minor fine has been imposed concurrently with the punishment specified in the preceding Paragraph, the amount thereof shall be paid in full. 

Article 73 (Confinement before Imposition of Sentence and Parole) (1) in connection with release on parole, the number of days of confinement before imposition of sentence which is included in the period of sentence shall be counted as a period that has been served. 

(2) The member of days of confinement before imposition of sentence counted as the period of confinement for fine shall be deemed to be the payment of a corresponding amount in the case referred to in Paragraph (2) of the preceding Article. 

Article 74 (Nullification of Parole) When a judgment has become final by sentence of imprisonment or more severe punishment during the period of parole, the grant of parole shall lose its effect, except in the cases where the sentence results from a crime through negligence. 

Article 75 (Revocation of Parole) When a person who has been granted a parole violates the parole regulations concerning surveillance, the parole may be revoked. 

Article 76 (Effect of Parole) (1) After a parole has been granted and ten years for a life sentence, or the remaining term for a limited punishment, has elapsed without nullification or revocation thereof having been made, the execution of punishment shall be deemed to have been completed. 

(2) In the case of the preceding two Articles, the number of days spent during parole shall not be included in the term of punishment. 

SECTION 7 Prescription for Execution of Judgment of Guilty 

Article 77 (Effect of Prescription) A person who has been sentenced guilty shall be relieved of the execution thereof by reason of the completion of the period of prescription. 

Article 78 (Period of Prescription) A period of prescription is completed when judgment of guilty has not been executed within any of the following periods after the judgment has become final: 

1. Thirty years, in the event of death penalty; 

2. Twenty years, in the event of penal servitude for life or imprisonment for life; 

3. Fifteen years, in the event of penal servitude or imprisonment for not less than ten years; 

4. Ten years, in the event of penal servitude or imprisonment for not less than three years, or in the event of suspension of qualifications for not less than ten years; 

5. Five years, in the event of penal servitude or imprisonment for less than three years, or in the event of suspension of qualifications for not less than five years; 

6. Three years, in the event of suspension of qualifications for less than five years, fine, confiscation, or collection; 

7. One year, in the event of detention or minor fine. 

Article 79 (Suspension of Prescription) A period of prescription shall not be computed to include the period of suspension or stay of the execution of punishment or parole, or other period within which the execution is suspended. 

Article 80 (Interruption of Prescription) The running of the period of prescription shall be interrupted by arrest of a person sentenced to a death penalty, penal servitude, imprisonment, or detention, and by instituting execution proceedings in the case of fine, minor fine, confiscation, or collection. 

SECTION 8 Extinction of Punishment 

Article 81 (Nullification of Punishment) If seven years have elapsed without, a person who had completed the execution of penal servitude or imprisonment, or who had received remission of the execution, being sentenced to suspension of qualifications or more severe punishment after compensating the victim for his damages, the invalidation of the judgment may be pronounced upon the request of the person himself or a prosecutor. 

Article 82 (Restoration of Rights) In case one half of the term of a suspended sentence has elapsed for any person who had been sentenced to suspension of qualifications without being sentenced to a further suspension of qualifications or more severe punishment after compensating the victim for his damages, the recovery of qualification may be granted upon the request of the person himself or a prosecutor. 

CHAPTER IV TERM 

Article 83 (Computation of Period of Time) Terms fixed by year or month shall be calculated in accordance with the calendar. 

Article 84 (Computation of Term of Punishment) (1) Term of punishment shall be reckoned from the day when the judgment becomes final. 

(2) The number of days for which confinement is not enforced in case of penal servitude, imprisonment, detention or lock-up shall not be counted in the term of punishment. 

Article 85 (First Day of Execution of Punishments and Period of Prescription) The first day of execution of punishments, or of term of prescription shall be reckoned as a full day regardless of the hour. 

Article 86 (Release Day) Release shall be effected on the day of completion of the term of punishment. 

BOOK II CRIMES
CHAPTER I CRIME CONCERNING INSURRECTION 

Article 87 (Insurrection) A person who creates a disorder for the purpose of usurping the national territory or subverting the Constitution shall be punished according to the following classifications: 

1. A ring leader shall be punished by death, penal servitude for life or imprisonment for life; 

2. A person who participates in a plot, or commands, or engages in other essential activities shall be punished by death, penal servitude or imprisonment for life, or not for less than five years; the same shall also apply to a person who has committed acts of killing, wounding, destroying or plundering; 

3. A person who merely responds to the agitation and follows the lead of another or merely joins in the disorder shall be punished by penal servitude or imprisonment for not more than five years. 

Article 88 (Homicide for the Purpose of Insurrection) A person who kills another for the purpose of usurping the national territory, or subverting the Constitution shall be punished by death, penal servitude for life or imprisonment for life. 

Article 89 (Attempts) Attempts to commit the crimes specified in the preceding two Articles shall be punished. 

Article 90 (Preparations, Conspiracies, Agitation, or Propaganda) (1) Anyone who prepares or conspires with intent to commit the crimes of Article 87 or 88 shall be punished by penal servitude, or imprisonment for not less than three years, but when he denounces himself before the intended crime is committed, the punishment shall be mitigated or remitted. 

(2) The preceding Paragraph shall apply to a person who agitates or propagates the crimes specified in Article 87 or 88. 

Article 91 (Definition of Subverting the Constitution) The purpose of subverting the Constitution in this Chapter means those acts which fall within any one of the following Subparagraphs: 

1. To extinguish the function of the Constitution or laws without observing the procedure provided by the Constitution or laws; 

2. To overthrow government organs established by the Constitution or to make impossible by force the exercise of their functions. 

CHAPTER II CRIMES CONCERNING FOREIGN AGGRESSION 

Article 92 (Inducement of Foreign Aggression) A person who, in conspiracy with a foreign country, causes to commence hostilities against the Republic of Korea, or who, in conspiracy with foreigners, fight against the Republic of Korea, shall be punished by death or penal servitude for life. 

Article 93 (Taking Side with Enemy) A person who fights against the Republic of Korea by joining an enemy country shall be punished by death. 

Article 94 (Benefiting the Enemy by Levying Soldiers) (1) A person who levies soldiers for an enemy country shall be punished by death or penal servitude for life. 

(2) A person who applies for conscription referred to in the preceding Paragraph shall be punished by penal servitude for life or not less than five years. 

Article 95 (Benefiting Enemy by Delivering Equipment) (1) A person who delivers to an enemy country troops, fortresses, camps, or vessels, airplanes, such other places, equipments or structures to be used for military purpose, shall be punished by death or penal servitude for life. 

(2) A person who delivers to an enemy country arms, ammunition, or such other goods to be used for military purpose shall also be punished as prescribed in the preceding Paragraph. 

Article 96 (Benefiting Enemy by Destroying Equipment) A person who, for the benefit of an enemy country, destroys or makes impossible the use of military equipment or other goods prescribed in the preceding Article, shall be punished by death or penal servitude for life. 

Article 97 (Benefiting Enemy by Delivering Goods) A person who delivers to an enemy country such arms or ammunition as are not currently used for military purpose or goods usable for battle shall be punished by penal servitude for life or not less than five years. 

Article 98 (Spy) (1) A person who acts as a spy for an enemy country, or aids or abets a spy of an enemy country, shall be punished by death, penal servitude for life or for not less than seven years. 

(2) The preceding Paragraph shall also apply to a person who divulges military secrets to an enemy country. 

Article 99 (Benefiting Enemy by Other Methods) A person who injures military interests of the Republic of Korea or delivers an enemy country military benefit by crimes other than those specified in the preceding seven Articles, shall be punished by penal servitude for life not less than three years. 

Article 100 (Attempts) Attempts of the crimes provided in the preceding eight Articles shall be punished. 

Article 101 (Preparations, Conspiracies, Agitation or Propaganda) (1) A person who prepares or conspires with intent to commit any of the crimes of Articles 92 to 99 shall be sentenced to penal servitude for a limited term of not less than two years, but when he denounces himself before carrying out the commission of the intended crimes, the punishment shall be mitigated or remitted. 

(2) The preceding Paragraph shall apply to a person who agitates or propagates any of the crimes specified in Article 92 to 99. 

Article 102 (Quasi-Enemy Country) A foreign country or a group of foreigners which specified in any of the crimes of Article 93 to the preceding Article takes hostile action against the Republic of Korea shall be deemed an enemy country. 

Article 103 (Non-performance of Munition Contract in Wartime) (1) A person who, without justifiable reason, does not perform a contract concerning munitions or military structures for the government in time of war or during a warlike incident shall be punished by penal servitude for not than ten years. 

(2) A person who obstructs another from performing a contract specified in the preceding Paragraph shall also be punished in accordance with the provisions of the preceding Paragraph. 

Article 104 (Allied Power) The provisions of this Chapter shall apply to the act committed against an allied power. 

Article 104-2 Deleted. <by Law No. 4040, Dec. 31, 1988> 

CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG
Article 105 (Profanation of National Flag or National Emblem) A person who damages, removes or stains the national flag or the national emblem for the purpose of insulting the Republic of Korea shall be punished by penal servitude or imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine of not more than twenty-five thousand Hwan. 

Article 106 (Defamation of National Flag or National Emblem) A person who defames the national flag or the national emblem for the purpose mentioned in the preceding Article shall be punished by penal servitude or imprisonment for not more than one year, suspension of qualification for not more than five years, or a fine of not more than ten thousand Hwan. 

CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS 

Article 107 (Assaults, etc. against Foreign Sovereign) (1) A person who uses violence or intimidation against the sovereign of a foreign country sojourning in the Republic of Korea shall be punished by penal servitude or imprisonment for not more than seven years. 

(2) A person who insults, or defames the sovereign of a foreign country as referred to in the preceding Paragraph shall be punished by penal servitude or imprisonment for not more than five years. 

Article 108 (Assaults, etc. against Foreign Envoy) (1) A person who uses violence or intimidation against the envoy of a foreign country sent to the Republic of Korea shall be punished by penal servitude or imprisonment for not more than five years. 

(2) A person who insults or defames the envoy of a foreign country as referred to in the preceding Paragraph shall be punished by penal servitude or imprisonment for not more than three years. 

Article 109 (Profanation of Foreign Flag or Foreign Emblem) A person who, for the purpose of insulting a foreign country, damages, removes or stains a foreign national flag or emblem which is officially used for such country shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding fifteen thousand Wan. 

Article 110 (Consent of the Victim) Crimes specified in the preceding three Articles shall not be prosecuted over the express objection of the foreign government concerned. 

Article 111 (Private War against Foreign Country) (1) A person who wages a private war against a foreign country shall be punished by limited imprisonment for not less than one year. 

(2) Attempts to commit crimes specified in the preceding Paragraph shall be punished. 

(3) A person who makes preparations or conspires with intent to commit the crime of the Paragraph (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty-five thousand Hwan, but when he denounces himself before the commission of such intended crimes, the punishment shall be mitigated or remitted. 

Article 112 (Violations of Neutrality Orders) A person who violates an order concerning neutrality in a war between foreign countries shall be punished by imprisonment for not more than three years or a fine of not more than fifteen thousand Hwan. 

Article 113 (Divulgence of Diplomatic Secrets) (1) A person who divulges diplomatic secrets shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

(2) The preceding Paragraph shall apply to a person who searches for or collects diplomatic secrets for the purpose of divulging them. 

CHAPTER V CRIMES INJURIOUS TO PUBLIC PEACE 

Article 114 (Organization of Criminal Group) (1) A person who organizes a group whose purpose is to commit a crime, or who joins such a group, shall receive the punishment specified for such crime; but the punishment may be mitigated. 

(2) A person who organizes a group whose purpose is to reject compulsory military service or liability to pay taxes, or joins such a group, shall be punished by penal servitude or imprisonment for not more than ten years, or by a fine not exceeding fifty thousand Hwan. 

(3) A person who commits the crimes of the preceding two Paragraphs and is punished by penal servitude or imprisonment for a definite term or fine, may concurrently be punished by suspension of qualifications for not more than ten years. 

Article 115 (Riot) Persons who assemble in large numbers and use violences or intimidation or take destructive action shall be punished by penal servitude or imprisonment for not less than one year nor more than ten years or by a fine not exceeding fifty thousand Hwan. 

Article 116 (Failure of Dispersion of Masses) Persons who assemble in large number for the purpose of using violence or intimidation or taking destructive action and do no disperse after being ordered to do so three or more times by officials authorized to control such matters, shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding ten thousand Hwan. 

Article 117 (Nonfulfillment of Contract of Public Demand in Wartime) (1) A person who fails to perform, without justifiable reasons, a concluded contract for the supply of foodstuffs or other necessities of life with the state or a public organization in wartime, calamity or other warlike incident shall be punished by penal servitude for not more than three years or by a 

fine not exceeding twenty-five thousand Hwan. 

(2) The preceding Paragraph shall apply to a person who interferes with the performance of the contract of the preceding Paragraph. 

(3) In the case of the preceding two Paragraphs, the prescribed fine may also be concurrently imposed. 

Article 118 (False Impersonation of Public Official) A person who exercises official authority by false impersonation of a public official shall be punished by penal servitude for not more than three years or by a fine of not more than fifteen thousand Hwan. 

CHAPTER VI CRIMES CONCERNING EXPLOSIVES 

Article 119 (Use of Explosives) (1) One who injures a person or damages property or disturbs the public peace by using explosives shall be punished by death or penal servitude for life or for not less than seven years. 

(2) A person who commits the crimes of the preceding Paragraph in time of war, calamity, or other warlike incident shall be punished by death or penal servitude for life. 

(3) Attempts to commit the crimes of the preceding two Paragraphs shall be punished. 

Article 120 (Preparations, Conspiracies and Instigation) (1) A person who prepares or conspires with intent to commit the crimes of Paragraphs (1) and (2) of the preceding Article, shall be punished by penal servitude for not less than two years, but if he denounces himself before the commission of the intended crimes, the punishment shall be mitigated or remitted. 

(2) The preceding Paragraph shall apply to a person who instigates another to commit the crimes of Paragraphs (1) and (2) of the preceding Article. 

Article 121 (Manufacture, etc. of Explosives in Wartime) A person who manufactures, imports, exports, delivers, or possesses explosives without justifiable reason in time of war or warlike incident, shall be punished by penal servitude for not more than ten years. 

CHAPTER VII CRIMES CONCERNING THE DUTIES OF PUBLIC OFFICIALS 

Article 122 (Abandonment of Duties) A public official who refuses to perform his duties or abandons his duties without justifiable reason shall be punished by penal servitude or imprisonment for not more than one year or suspension of qualifications for not more than three years. 

Article 123 (Obstructing Another Person from Exercising his Right) A public official who, by abusing his official authority, causes a person to perform the conduct which is not to be performed by the person, or obstructs the person from exercising a right which the person is entitled to exercise, shall be punished by penal servitude for not more than five years and suspension of qualifications for not more than ten years. 

Article 124 (Unlawful Arrest and Unlawful Confinement) (1) If a person who performs or assists in activities concerning judgment, prosecution, police, or other functions involving the restraint of the human body, arrests or imprisons another by abusing his official authority, he shall be punished by penal servitude for not more than seven years and suspension of qualifications for not more than ten years. 

(2) Attempts to commit the crimes specified in the preceding Paragraph shall be punished. 

Article 125 (Violence and Cruel Act) A person who, in performing or assisting in activities concerning judgment, prosecution, police or other functions involving the restraint of the human body, commits an act of violence or cruelty against a criminal suspect or against another person while in the performance of his duties, shall be punished by penal servitude for not more than five years and suspension of qualifications for not more than ten years. 

Article 126 (Publication of Facts of Suspected Crime) A person who, in the performance or supervision of, or in the assistance in, functions involving prosecution, police, or other activities concerning investigation of crimes, makes public, before request for public trial, the facts of a suspected crime which have come to his knowledge during the performance of his duties, shall be punished by penal servitude for not more than three years, or suspension of qualifications for not more than five years. 

Article 127 (Divulgence of Official Secrets) A public official or former public official who divulges official secrets obtained in the course of performing his duties and classified by law as secret shall be punished by penal servitude or imprisonment for not more than two years or suspension of qualifications for not more than five years. 

Article 128 (Obstruction of Election) A public official, having duties concerning prosecution, police or army, who intimidates a voter, candidate, or a person who seeks to be candidate, in an election provided for by law, or who obstructs the freedom of election by any other means, shall be punished by penal servitude for not more than ten years and suspension of qualifications for not less than five years. 

Article 129 (Acceptance of Bribe and Advance Acceptance) (1) A public official or an arbitrator who receives, demands or promises to accept a bribe in connection with his duties, shall be punished by penal servitude for not more than five years or suspension of qualifications for not more than ten years. 

(2) If a person who is to become a public official or an arbitrator receives, demands or promises to accept a bribe in response to a solicitation, in connection with the duty which he is to perform and he actually becomes a public official or arbitrator, penal servitude for not more than three years or suspension of qualifications for not more than seven years shall be 

imposed. 

Article 130 (Bribe to Third Person) A public official or an arbitrator who causes, demands or promises a bribe to be given to a third party on acceptance of an unjust solicitation in connection with his duties shall be punished by penal servitude for not more than five years or suspension of qualifications for not more than ten years. 

Article 131 (Improper Action after Acceptance of Bribe and Subsequent Bribery) 

(1) If a public official or an arbitrator takes an improper action after committing the offenses under the preceding two Articles, penal servitude for a limited term of not less than one year shall be imposed. 

(2) If a public official or an arbitrator receives, demands or promises to receive a bribe, or causes, demands or promises a bribe to be given to a third party, after taking an improper action in the course of performing his duties, the punishment specified in the preceding Paragraph shall be imposed. 

(3) If a person who was a public official or an arbitrator receives a bribe or demands or agrees to receive a bribe after taking an improper action in the course of performing his duties on acceptance of a solicitation made during his incumbency, penal servitude for not more than five years or suspension of qualifications for not more than ten years shall be imposed. 

(4) In the case of the preceding three Paragraphs, suspension of qualifications for not more than ten years may concurrently be imposed. 

Article 132 (Acceptance of Bribe through Good Offices) A public official who, by taking advantage of his post, receives, demands or agrees to receive a bribe concerning the use of the good offices in connection with the affairs which belong to the functions of another public official, shall be punished by penal servitude for not more than three years or suspension of qualifications for not more than seven years. 

Article 133 (Delivery of Bribe) (1) A person who promises, delivers or manifests a will to deliver a bribe as stated in Articles 129 through the preceding Article shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

(2) The preceding Paragraph shall apply to a person who, for the purpose of committing the crime specified in the preceding Paragraph, delivers money or goods to a third party, or receives such delivery with the knowledge of its nature. 

Article 134 (Confiscation and Subsequent Collection) A bribe received or money or goods to be received as a bribe by an offender or by a third party having knowledge of its nature shall be confiscated, or, if confiscation is impossible, the value thereof shall be collected. 

Article 135 (Aggravation of Punishment for Crimes in the Course of Official Duty) A public official who, taking advantage of his official authority, commits a crime other than those specified in this Chapter, shall be punished by increasing one half of the penalty specified for the crime committed, except in those cases where the punishment is specially prescribed because of the status of the public official. 

CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES 

Article 136 (Obstruction of the Performance of Official Duties) (1) A person who uses violence or intimidation against a public official being engaged in the performance of his duties shall be punished by penal servitude for not more than five years. 

(2) The preceding Paragraph shall apply to a person who uses violence or intimidation against a public official in order to cause him to perform, or refrain from performing an official act or in order to bring about his resignation. 

Article 137 (Obstruction of the Performance of Official Duties by Fraudulent Means) A person who interferes with the execution of duties by a public official by fraudulent means, shall be punished by penal servitude for not more than five years. 

Article 138 (Contempt of Court or National Assembly) A person who insults a court or the National Assembly or creates a disturbance in or near a court or the National Assembly for the purpose of disturbing or threatening the conduct of a court or the discussion of the Assembly, shall be punished by penal servitude for not more than three years or by a fine not exceeding twenty-five thousand Hwan. 

Article 139 (Obstruction of Official Duties for the Vindication of Human Rights) A person who, performing police duties or assisting in such duties, interferes with the execution of duties of a prosecutor concerning the vindication of human rights or who does not follow his instructions concerning the vindication of human rights, shall be punished by penal servitude for not more than ten years. 

Article 140 (Rendering Null and Void the Symbol of Official Secrecy) (1) A person who damages or conceals a seal or symbol of attachment or other execution which a public official has levied in his official duties or reduces its utility by any other methods, shall be punished by penal 

servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

(2) The preceding Paragraph shall apply to a person who opens envelopes or other documents or drawings which a public officials has kept in secret concerning his official duty. 

Article 141 (Invalidity of Public Documents, etc. and Destruction of Public Goods) 

(1) A person who damages or conceals documents or other goods used by a public office or spoils its utility by other methods, shall be punished by penal servitude for not more than seven years or by a fine not exceeding thirty-five thousand Hwan. 

(2) A person who destroys structures, vessels, trains, or airplanes, used by public offices, shall be punished by penal servitude for not less than one year nor more than ten years. 

Article 142 (Invalidity of Goods kept in Public Custody) A person who damages or conceals his own goods for which a custody order was issued by a public office and which have been placed under the custody of another person by order of the public office, or reduces their utility by other methods, shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

Article 143 (Attempts) Attempts to commit the crimes specified in Articles 140 hrough the preceding Article shall be punished. 

Article 144 (Special Obstruction of Public Duty) (1) A person who, through the threat of collective force or by carrying a dangerous weapon, commits the crimes of Articles 136, 138, and 140 to the preceding Article, shall be punished by increasing one half of the punishments specified in the relevant Articles. 

(2) A person who, by committing the crimes of the preceding Paragraph, causes the death or injury of a public official shall be punished by penal servitude for life or for not less than three years. 

CHAPTER IX CRIMES OF ESCAPE AND HARBORING CRIMINALS 

Article 145 (Escape and Violation of Summoning Order) (1) A person who, having been in lawful arrest or custody, escapes, shall be punished by penal servitude for not more than one year. 

(2) The preceding Paragraph shall apply to a person, having been temporarily set free from custody due to a calamity, grave incident, or pursuant to the application of a law, violates the summoning order without justifiable reason. 

Article 146 (Special Escape) A person who, by destroying an accommodating device or shackle, or using violence or intimidation to others, or accompanied by two or more persons, commits the crime of Paragraph (1) of the preceding Article, shall be punished by penal servitude for not more than seven years. 

Article 147 (Helping Escape) A person who forcibly removes another who is in lawful custody or who causes such person to escape, shall be punished by penal servitude for not more than ten years. 

Article 148 (Escape Caused by Prison Guard) A prison guard or conveyor who causes a person in lawful custody to escape, shall be punished by penal servitude for not less than one year nor more than ten years. 

Article 149 (Attempts) Attempts to commit the crimes specified in the preceding four Articles shall be punished.

Article 150 (Preparations, Conspiracies) A person who makes preparations or conspires with intent to commit the crimes of Articles 147 and 148, shall be punished by penal servitude for not more than three years. 

Article 151 (Harboring a criminal and Special Exceptions to Relatives) (1) A person who harbors another who has committed a crime punishable by fine or more severe punishment, or who causes such person to escape, shall be punished by penal servitude for not more than three years or by a fine not exceeding fifteen thousand Hwan. 

(2) If a relative, head of the house, or a family living together with the said person commits the crime of the preceding Paragraph for the benefit of the criminal, he shall not be punishable. 

CHAPTER X THE CRIMES OF PERJURY AND DESTRUCTION OF EVIDENCE 

Article 152 (Perjury; Malicious Perjury) (1) A witness who, having sworn according to law, gives false testimony, shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

(2) As regards a criminal or disciplinary case, a witness who, for the purpose of causing injury to an accused, or a criminal, or disciplinary suspect, commits the crime of the preceding Paragraph shall be punished by penal servitude for not more than ten years. 

Article 153 (Confession; Self-denunciation) When a person who, having committed the crime of the preceding Article, makes a voluntary confession or denounces himself before the judgment of a criminal or disciplinary case in which he has testified becomes final, punishment for him shall be mitigated or remitted. 

Article 154 (Fraudulent Expert Opinion, Interpretation, and Translation) An expert witness, interpreter, or translator who, having sworn according to law, gives a false expert opinion or a false interpretation or a false translation, shall be punished in accordance with the provisions of the preceding two Articles. 

Article 155 (Destruction of Evidence, etc. and Special Exception to Relatives) (1) A person who destructs, conceals, forges, or alters the evidence in a criminal or disciplinary case against another or who uses the forged or altered evidence, shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Hwan. 

(2) A person who harbors a witness or causes him not to testify in a criminal or disciplinary case against another, shall be punished by penal servitude for not more than five years or by a fine not exceeding twenty-five thousand Wan. 

(3) A person who, for the purpose of causing injury to an accused, or a criminal or disciplinary suspect, commits the crimes under the preceding two Paragraphs, shall be punished by penal servitude for not more than ten years. 

(4) If a crime under this Article is committed by a relative, head of the house, or a family living together with the said person for the benefit of the criminal, it shall not be punishable. 

CHAPTER XI THE CRIME OF FALSE ACCUSATION 

Article 156 (False Accusation) A person who reports false information to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another, shall be punished by penal servitude for not more than ten years. 

Article 157 (Confession; Self-denunciation) Article 153 shall apply mutatis mutandis to the preceding Article. 

CHAPTER XII CRIMES CONCERNING DECEASED PERSONS 

Article 158 (Disturbing Funeral Service, etc.) A person who disturbs funeral rites, rituals, worship, or preaching, shall be punished by penal servitude for not more than three years or by a fine not exceeding fifteen thousand Hwan. 

Article 159 (Defiling Corpse, etc.) A person who defiles a corpse, remains, or the hair of the dead, shall be punished by penal servitude for not more than two years or by a fine not exceeding ten thousand Hwan. 

Article 160 (Excavation of Grave) A person who excavates a grave shall be punished by penal servitude for not more than five years. 

Article 161 (Exploring Tombs, etc.) (1) A person who damages, destroys, abandons, conceals or takes possession of a corpse, remains, or hair of the dead, or any article deposited in a coffin, shall be punished by penal servitude for not more than seven years. 

(2) A person who commits the crime of the preceding Paragraph by excavating a grave shall be punished by penal servitude for not more than ten years. 

Article 162 (Attempts) Attempts to commit the crimes provided in the preceding two Articles shall be punished. 

Article 163 (Disturbing Inquest of Unnatural Death) A person who alters the remains of another who died from an unknown cause before inquest shall be punished by a fine not exceeding fifteen thousand Hwan or by a minor fine. 

CHAPTER XII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE 

Article 164 (Setting Fire to Dwelling Structures, etc.) A person who sets fire to and burns a structure, railroad train, electric car, automobile, ship, aircraft or mine serving as a human habitation or in which persons are actually present shall be punished by penal servitude for life or not less than five years. A person who kills or injures another in consequence of the commission of the above crime shall be punished by death or penal servitude for life or not less than 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 penal servitude for life or not less than 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 penal servitude for not less than two years. 

(2) A person who sets fire to and burns one of the objects mentioned in the preceding Paragraph which he owns and thereby causes public danger, shall be punished by penal servitude for not more than seven years or by a fine not exceeding thirty-five thousand Hwan. 

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 penal servitude for not less than one year nor more than ten years. 

(2) If any object mentioned in the preceding Paragraph is the offender's own property, he shall be punished by penal servitude for not more than three years or by a fine not exceeding fifteen thousand Hwan. 

Article 168 (Spread of a Fire) (1) If, in consequence of the commission of a crime of Paragraph (2) of Article 166 or Paragraph (2) of the preceding Article, a fire spreads and burns any of the objects mentioned in Article 164, 165, or Paragraph (1) of Article 166, the offender shall be punished by penal servitude for not more than five years. 

(2) If a fire spreads and burns 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 penal servitude 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 penal servitude 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 fifty thousand Hwan. 

(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 the preceding Article shall be punished by imprisonment for not more than three years or by a fine not exceeding one hundred and fifty thousand Hwan. 

Article 172 (Destruction by Explosives) (1) A person who causes an explosion of gunpowder, steam boiler, or other potentially explosive object and thereby damages or destroys an object mentioned in Articles 164 through 167 shall be punished in accordance with the relevant provision

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Copyright Ⓒ 2016 Professor Soonkoo Myoung of Korea University School of Law. All rights reserved.