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Criminal Act
형법
This English translation is based on the Korean text effective 2023-08-08. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.
Articles
- PART I GENERAL PROVISIONS
- CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE
- Article 1 Criminality and Punishability of Acts
- Article 2 Domestic Crimes
- Article 3 Crimes by Koreans outside Korea
- Article 4 Crimes by Aliens on Board Korean Vessel outside Korea
- Article 5 Crimes by Aliens outside Korea
- Article 6 Foreign Crimes against Republic of Korea and Korean National outside Korea
- Article 7 Inclusion of Sentence Executed Abroad
- Article 8 Application of General Provisions
- CHAPTER II CRIME
- SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence
- Article 9 Criminal Minors
- Article 10 Persons with Mental Disorders
- Article 11 Persons with Hearing or Speech Impairment
- Article 12 Act Compelled
- Article 13 Intent
- Article 14 Negligence
- Article 15 Misunderstanding of Fact
- Article 16 Misunderstanding of Law
- Article 17 Causation
- Article 18 Crime Committed through Omission
- Article 19 Concurrence of Independent Act
- Article 20 Justifiable Act
- Article 21 Self-Defense
- Article 22 Necessity
- Article 23 Self-Help
- Article 24 Consent of Victim
- SECTION 2 Attempts
- Article 25 Attempts
- Article 26 Voluntarily Ceased Crime
- Article 27 Impossible Crime
- Article 28 Conspiracy and Preparation
- Article 29 Punishment for Attempt
- SECTION 3 Complicity
- Article 30 Co-Principals
- Article 31 Instigator
- Article 32 Accessories
- Article 33 Complicity and Status
- Article 34 Principal through Innocent Human Agent and Aggravation of Punishment for Particular Instigation or Aiding and Abetting
- SECTION 4 Repeated Crime
- Article 35 Repeated Crime
- Article 36 Discovery of Repeated Crime after Imposition of Sentence
- SECTION 5 Concurrent Crimes
- Article 37 Concurrent Crimes
- Article 38 Concurrent Crimes and Application of Punishment
- Article 39 Concurrent Crimes Not Adjudicated; Several Judgments and Concurrent Crimes; Execution of Punishment and Concurrent Crimes
- Article 40 Compound Crimes
- CHAPTER III PUNISHMENT
- SECTION 1 Kinds and Severity of Punishments
- Article 41 Kinds of Punishment
- Article 42 Term of Imprisonment with or without Labor
- Article 43 Imposition of Sentence, Deprivation of Qualifications and Suspension of Qualifications
- Article 44 Suspension of Qualifications
- Article 45 Fine
- Article 46 Detention
- Article 47 Minor Fine
- Article 48 Confiscation and Additional Collection
- Article 49 Additional Character of Confiscation
- Article 50 Severity of Punishments
- SECTION 2 Determination of Punishment
- Article 51 General Principles for Determination of Punishment
- Article 52 Self-Denunciation and Voluntary Confession
- Article 53 Discretionary Mitigation
- Article 54 Optional Penalty and Discretionary Mitigation
- Article 55 Statutory Mitigation
- Article 56 Order of Aggravation and Mitigation
- Article 57 Inclusion of Number of Days of Confinement before Imposition of Sentence
- Article 58 Public Announcement of Judgment
- SECTION 3 Suspension of Imposition of Sentence
- Article 59 Requisites for Suspension of Impositions of Sentence
- Article 59-2 Probation
- Article 60 Effect of Suspension of Imposition of Sentence
- Article 61 Nullification of Suspension of Imposition of Sentence
- SECTION 4 Suspension of Execution of Sentence
- Article 62 Requisites for Suspension of Execution of Sentence
- Article 62-2 Probation, Social Service or Order to Take Lectures
- Article 63 Nullification of Suspension of Execution of Sentence
- Article 64 Revocation of Suspension of Execution of Sentence
- Article 65 Effect of Suspension of Execution of Sentence
- SECTION 5 Execution of Punishment
- Article 66 Death Penalty
- Article 67 Imprisonment with Labor
- Article 68 Imprisonment without Labor and Detention
- Article 69 Fine and Minor Fine
- Article 70 Lockup at Workhouse
- Article 71 Deduction of Number of Days of Lockup
- SECTION 6 Parole
- Article 72 Requisites for Parole
- Article 73 Confinement before Imposition of Sentence and Parole
- Article 73-2 Period of Parole, and Probation
- Article 74 Nullification of Parole
- Article 75 Revocation of Parole
- Article 76 Effect of Parole
- SECTION 7 Prescription for Execution of Judgment of Guilt
- Article 77 Effect of Prescription for Execution of Judgment of Guilt
- Article 78 Period of Prescription for Execution of Judgment of Guilt
- Article 79 Suspension of Prescription of Punishment
- Article 80 Interruption of Prescription of Punishment
- SECTION 8 Extinction of Punishment
- Article 81 Nullification of Punishment
- Article 82 Restoration of Rights
- CHAPTER IV TERM
- Article 83 Computation of Term
- Article 84 Computation of Term of Punishment
- Article 85 First Day of Execution of Punishments and Period of Prescription
- Article 86 Release Day
- PART II INDIVIDUAL PROVISIONS
- CHAPTER I CRIME CONCERNING INSURRECTION
- Article 87 Insurrection
- Article 88 Homicide for Purpose of Insurrection
- Article 89 Attempts
- Article 90 Preparations, Conspiracies, Agitation, or Propaganda
- Article 91 Definition of Subverting Constitution
- CHAPTER II CRIMES CONCERNING FOREIGN AGGRESSION
- Article 92 Inducement of Foreign Aggression
- Article 93 Taking Side with Enemy
- Article 94 Benefiting Enemy by Levying Soldiers
- Article 95 Benefiting Enemy by Providing Equipment
- Article 96 Benefiting Enemy by Destroying Equipment
- Article 97 Benefiting Enemy by Delivering Goods
- Article 98 Spy
- Article 99 Benefiting Enemy by Other Methods
- Article 100 Attempts
- Article 101 Preparations, Conspiracies, Agitation, or Propaganda
- Article 102 Quasi-Enemy Country
- Article 103 Non-Performance of Munition Contract in Wartime
- Article 104 Allied Power
- Article 104-2 null
- CHAPTER III CRIMES CONCERNING THE NATIONAL FLAG
- Article 105 Profanation of National Flag or National Emblem
- Article 106 Defamation of National Flag or National Emblem
- CHAPTER IV CRIMES CONCERNING FOREIGN RELATIONS
- Article 107 Assaults against Foreign Sovereign
- Article 108 Assaults against Foreign Envoy
- Article 109 Profanation of Foreign Flag or Foreign Emblem
- Article 110 Consent of Victim
- Article 111 Private War against Foreign Country
- Article 112 Violations of Neutrality Orders
- Article 113 Divulgence of Diplomatic Secrets
- CHAPTER V CRIMES AGAINST PUBLIC PEACE
- Article 114 Organization of Criminal Groups
- Article 115 Riot
- Article 116 Failure of Dispersion of Masses
- Article 117 Non Fulfillment of Contract of Public Demand in Wartime
- Article 118 False Impersonation of Public Official
- CHAPTER VI CRIMES CONCERNING EXPLOSIVES
- Article 119 Use of Explosives
- Article 120 Preparations, Conspiracies, and Instigation
- Article 121 Manufacture of Explosives in Wartime
- CHAPTER VII CRIMES CONCERNING THE DUTIES OF PUBLIC OFFICIALS
- Article 122 Abandonment of Duties
- Article 123 Abuse of Authority
- Article 124 Unlawful Arrest and Unlawful Confinement
- Article 125 Violence and Cruel Act
- Article 126 Publication of Facts of Suspected Crime
- Article 127 Divulgence of Official Secrets
- Article 128 Obstruction of Election
- Article 129 Acceptance of Bribe and Advance Acceptance
- Article 130 Bribe to Third Person
- Article 131 Improper Action after Acceptance of Bribe and Subsequent Bribery
- Article 132 Acceptance of Bribe through Good Offices
- Article 133 Offer of Bribe
- Article 134 Confiscation and Punitive Collection
- Article 135 Aggravation of Punishment for Crimes in Course of Official Duty
- CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES
- Article 136 Obstruction of Performance of Official Duties
- Article 137 Obstruction of Performance of Official Duties by Fraudulent Means
- Article 138 Contempt of Court or National Assembly
- Article 139 Obstruction of Official Duties for Vindication of Human Rights
- Article 140 Rendering Null and Void Symbol of Official Secrecy
- Article 140-2 Infringement on Effect of Compulsory Execution to Immovables
- Article 141 Invalidity of Public Documents and Destruction of Public Goods
- Article 142 Invalidity of Goods Kept in Public Custody
- Article 143 Attempts
- Article 144 Special Obstruction of Public Duty
- CHAPTER IX CRIMES OF ESCAPE AND HARBORING CRIMINALS
- Article 145 Escape and Violation of Summoning Order
- Article 146 Special Escape
- Article 147 Helping Escape
- Article 148 Escape Caused by Prison Guard
- Article 149 Attempts
- Article 150 Preparations, Conspiracies
- Article 151 Harboring Criminal and Special Exceptions to Relatives
- CHAPTER X CRIMES OF PERJURY AND DESTRUCTION OF EVIDENCE
- Article 152 Perjury, Malicious Perjury
- Article 153 Confession, Self-Denunciation
- Article 154 Fraudulent Expert Opinion, Interpretation, and Translation
- Article 155 Destruction of Evidence and Special Exception to Relatives
- CHAPTER XI CRIMES OF FALSE ACCUSATION
- Article 156 False Accusation
- Article 157 Confession, Self-Denunciation
- CHAPTER XII CRIMES CONCERNING DECEASED PERSONS
- Article 158 Disturbing Funeral Service
- Article 159 Defiling Corpse
- Article 160 Excavation of Grave
- Article 161 Abandonment of Corpse
- Article 162 Attempts
- Article 163 Obstruction of Investigation of Unnaturally Dead Body
- CHAPTER XIII CRIMES OF ARSON AND FIRE CAUSED BY NEGLIGENCE
- Article 164 Setting Fire to Present Living Building
- Article 165 Setting Fire to Public Structures
- Article 166 Setting Fire to Other Structures
- Article 167 Setting Fire to General Goods
- Article 168 Spread of Fire
- Article 169 Obstruction to Firefighting
- Article 170 Fire Caused by Negligence
- Article 171 Fire Caused by Occupational Negligence, Fire by Gross Negligence
- Article 172 Burst of Explosive Substances
- Article 172-2 Discharge of Gas and Electricity
- Article 173 Obstruction to Supply of Gas and Electricity
- Article 173-2 Burst of Explosive Substances by Negligence
- Article 174 Attempts
- Article 175 Preparations or Conspiracies
- Article 176 Criminal's Property Which is Subject to Another Person's Right
- CHAPTER XIV CRIMES CONCERNING INUNDATION AND WATER UTILIZATION
- Article 177 Inundation of Present Living Building with Water
- Article 178 Inundation to Public Structures
- Article 179 Inundation to Other Structures
- Article 180 Obstruction of Flood Control
- Article 181 Inundation Caused by Negligence
- Article 182 Attempts
- Article 183 Preparations or Conspiracies
- Article 184 Obstruction of Water Utilization
- CHAPTER XV CRIMES OF TRAFFIC OBSTRUCTION
- Article 185 General Obstruction of Traffic
- Article 186 Obstruction of Train and Vessel Traffic
- Article 187 Derailing Train
- Article 188 Death or Injury caused by Obstruction of Traffic
- Article 189 Negligence, Occupational Negligence, Gross Negligence
- Article 190 Attempts
- Article 191 Preparations or Conspiracies
- CHAPTER XVI CRIMES CONCERNING DRINKING WATER
- Article 192 Obstruction of Use of Drinking Water
- Article 193 Obstruction of Use of Water Supply System
- Article 194 Death or Injury Caused by Mixing Drinking Water with Poison
- Article 195 Interference with Water Supply System
- Article 196 Attempts
- Article 197 Preparations, Conspiracies
- CHAPTER XVII CRIMES CONCERNING OPIUM
- Article 198 Manufacture of Opium
- Article 199 Manufacture of Opium Smoking Instrument
- Article 200 Opium Importation by Customs Official
- Article 201 Smoking Opium and Provision of Place
- Article 202 Attempts
- Article 203 Habitual Crimes
- Article 204 Suspension of Qualifications and Imposition of Fine
- Article 205 Possession of Opium
- Article 206 Confiscation, Subsequent Collection
- CHAPTER XVIII CRIMES CONCERNING CURRENCY
- Article 207 Crimes of Counterfeiting Currency
- Article 208 Acquisition of Counterfeited Currency
- Article 209 Concurrent Imposition of Suspension of Qualifications or of Fine
- Article 210 Circulation of Currency Known to Be Counterfeited
- Article 211 Manufacture of Articles Similar to Currency
- Article 212 Attempts
- Article 213 Preparations or Conspiracies
- CHAPTER XIX CRIMES CONCERNING VALUABLE SECURITIES AND POSTAGE AND REVENUE STAMPS
- Article 214 Counterfeiting Valuable Securities
- Article 215 Drafting of Valuable Securities by Assuming False Capacity
- Article 216 Drafting Untrue Valuable Securities
- Article 217 Uttering Forged Valuable Securities
- Article 218 Forgery of Revenue or Postage
- Article 219 Acquisition of Forged Postage or Revenue Stamp
- Article 220 Concurrent Imposition of Suspension of Qualifications or of Fine
- Article 221 Erasure of Postmark
- Article 222 Manufacture of Articles Similar to Stamps and Postage
- Article 223 Attempts
- Article 224 Preparations or Conspiracies
- CHAPTER XX CRIMES CONCERNING DOCUMENTS
- Article 225 Counterfeit or Alteration of Official Document
- Article 226 Drafting of Official Document by Assuming False Capacity
- Article 227 Preparation of False Public Document
- Article 227-2 Falsification or Alteration of Public Electromagnetic Records
- Article 228 Untrue Entry in Officially Authenticated Original Deed
- Article 229 Uttering of Falsified Public Document
- Article 230 Unlawful Uttering of Official Document
- Article 231 Counterfeit or Alteration of Private Document
- Article 232 Drafting of Private Document by Assuming False Capacity
- Article 232-2 Falsification or Alteration of Private Electromagnetic Records
- Article 233 Preparation of False Medical Certificate
- Article 234 Uttering of Falsified Private Document
- Article 235 Attempts
- Article 236 Unlawful Uttering of Private Document
- Article 237 Concurrent Imposition of Suspension of Qualifications
- Article 237-2 Reproduced Documents
- CHAPTER XXI CRIMES CONCERNING SEALS
- Article 238 Counterfeit or Misappropriation of official Seal
- Article 239 Counterfeit or Misappropriation of Private Seal
- Article 240 Attempts
- CHAPTER XXII CRIMES CONCERNING SEXUAL MORALS
- Article 241 null
- Article 242 Arranging for Prostitution
- Article 243 Distribution of Obscene Pictures
- Article 244 Manufacture of Obscene Pictures
- Article 245 Public Indecency
- CHAPTER XXIII CRIMES CONCERNING GAMBLING AND LOTTERY TICKETS
- Article 246 Gambling and Habitual Gambling
- Article 247 Setting up Places for Gambling
- Article 248 Sale of Lottery Tickets
- Article 249 Concurrent Imposition of Fines
- CHAPTER XXIV CRIMES OF HOMICIDE
- Article 250 Murder, Killing Ascendant
- Article 251 null
- Article 252 Murder upon Request or with Consent
- Article 253 Murder upon Request through Fraudulent Means
- Article 254 Attempts
- Article 255 Preparations or Conspiracies
- Article 256 Concurrent Imposition of Suspension of Qualifications
- CHAPTER XXV CRIMES OF INFLICTING BODILY INJURY AND VIOLENCE
- Article 257 Inflicting Bodily Injury on Other or on Lineal Ascendant
- Article 258 Aggravated Bodily Injury on Other or on Lineal Ascendant
- Article 258-2 Special Bodily Injury on Another
- Article 259 Death Resulting from Bodily Injury
- Article 260 Crime of Violence
- Article 261 Special Violence
- Article 262 Death or Injury Resulting from Violence
- Article 263 Simultaneous Crimes
- Article 264 Habitual Crimes
- Article 265 Concurrent Imposition of Suspension of Qualifications
- CHAPTER XXVI CRIMES OF INFLICTING BODILY INJURY AND DEATH THROUGH NEGLIGENCE
- Article 266 Bodily Injury by Negligence
- Article 267 Death by Negligence
- Article 268 Death and Injury by Occupational or Gross Negligence
- CHAPTER XXVII THE CRIMES OF ABORTION
- Article 269 Abortion
- Article 270 Abortion by Doctor or Abortion without Consent
- CHAPTER XXVIII CRIMES OF ABANDONMENT AND MALTREATMENT
- Article 271 Abandonment or Abandonment of Ascendant
- Article 272 null
- Article 273 Cruelty to Another and to Lineal Ascendant
- Article 274 Hard Labor by Child
- Article 275 Death or Injury Caused by Abandonment
- CHAPTER XXIX CRIMES OF FALSE ARREST AND ILLEGAL CONFINEMENT
- Article 276 False Arrest, Illegal Confinement, Those on Lineal Ascendant
- Article 277 Aggravated False Arrest, Aggravated Illegal Confinement, Those on Lineal Ascendant
- Article 278 Special False Arrest or Illegal Confinement
- Article 279 Habitual Crimes
- Article 280 Attempts
- Article 281 Death or Injury caused by Arrest and Confinement
- Article 282 Concurrent Imposition of Suspension of Qualifications
- CHAPTER XXX CRIMES OF INTIMIDATION
- Article 283 Intimidation, Intimidation on Lineal Ascendant
- Article 284 Special Intimidation
- Article 285 Habitual Crime
- Article 286 Attempts
- CHAPTER XXXI CRIMES OF TRAFFICKING IN PERSONS
- Article 287 Kidnapping or Abduction of Minors
- Article 288 Kidnapping and Abduction for Purpose of Indecent Acts
- Article 289 Trafficking in Persons
- Article 290 Inflicting or Causing Another's Bodily Injury while in Kidnapping, Abduction, Trafficking in Persons and Transportation
- Article 291 Killing Another or Causing Death of Another while in Kidnapping, Abduction, Trafficking in Persons and Transportation
- Article 292 Receiving and Harboring of Person Kidnapped, Abducted, Trafficked, or Transported
- Article 293 null
- Article 294 Attempts
- Article 295 Concurrent Imposition of Fines
- Article 295-2 Mitigation of Punishment
- Article 296 Preparations or Conspiracies
- Article 296-2 Universality
- CHAPTER XXXII CRIMES CONCERNING RAPE AND INFAMOUS CONDUCT
- Article 297 Rape
- Article 297-2 Imitative Rape
- Article 298 Indecent Act by Compulsion
- Article 299 Quasi-Rape, Quasi-Indecent Act by Compulsion
- Article 300 Attempts
- Article 301 Inflicting or Causing Another's Bodily Injury by Rape
- Article 301-2 Killing Another or Causing Death of Another by Rape
- Article 302 Sexual Intercourse with Minor
- Article 303 Sexual Intercourse by Abuse of Occupational Authority
- Article 304 null
- Article 305 Sexual Intercourse or Indecent Acts with Minor
- Article 305-2 Habitual Offenders
- Article 305-3 Preparations and Conspiracies
- Article 306 null
- CHAPTER XXXIII CRIMES AGAINST REPUTATION
- Article 307 Defamation
- Article 308 Defamation of Dead Person
- Article 309 Defamation through Printed Materials
- Article 310 Justification
- Article 311 Insult
- Article 312 Complaint
- CHAPTER XXXIV CRIMES AGAINST CREDIT, BUSINESS AND AUCTION
- Article 313 Injuring Credit
- Article 314 Interference with Business
- Article 315 Interference with Auction or Bidding
- CHAPTER XXXV CRIMES OF VIOLATION OF SECRECY
- Article 316 Violation of Secrecy
- Article 317 Occupational Disclosure of Other's Secrets
- Article 318 Complaint
- CHAPTER XXXVI CRIMES OF INTRUSION UPON A HUMAN HABITATION
- Article 319 Intrusion upon Habitation, Refusal to Leave
- Article 320 Special Intrusion upon Human Habitation
- Article 321 Illegal Search of Human Habitation and Body
- Article 322 Attempts
- CHAPTER XXXVII CRIMES OF OBSTRUCTING ANOTHER FROM EXERCISING HIS OR HER RIGHT
- Article 323 Obstructing Another from Exercising One’s Right
- Article 324 Coercion
- Article 324-2 Coercion by Hostage
- Article 324-3 Injury by Hostage
- Article 324-4 Murder of Hostage
- Article 324-5 Attempts
- Article 324-6 Mitigation of Punishment
- Article 325 Forcible or Quasi-Forcible Taking
- Article 326 Aggravated Obstruction
- Article 327 Evasion of Execution
- Article 328 Crimes and Complaints among Relatives
- CHAPTER XXXVIII CRIMES OF LARCENY AND ROBBERY
- Article 329 Larceny
- Article 330 Compound Larceny
- Article 331 Special Larceny
- Article 331-2 Unlawful Use of Automobile
- Article 332 Habitual Crimes
- Article 333 Robbery
- Article 334 Special Robbery
- Article 335 Quasi-Robbery
- Article 336 Robbery by Hostage
- Article 337 Bodily Injury resulting from Robbery
- Article 338 Murder by Robbery
- Article 339 Robbery and Rape
- Article 340 Piracy
- Article 341 Habitual Crimes
- Article 342 Attempts
- Article 343 Preparations or Conspiracies
- Article 344 Crimes Among Relatives
- Article 345 Concurrent Imposition of Suspension of Qualifications
- Article 346 Energy
- CHAPTER XXXIX CRIMES OF FRAUD AND EXTORTION
- Article 347 Fraud
- Article 347-2 Fraud by Use of Computer
- Article 348 Quasi-Fraud
- Article 348-2 Unlawful Use of Facilities for Convenience
- Article 349 Unjustifiable Profit
- Article 350 Extortion
- Article 350-2 Special Extortion
- Article 351 Habitual Crimes
- Article 352 Attempts
- Article 353 Concurrent Imposition of Suspension of Qualifications
- Article 354 Crimes among Relatives, Energy
- CHAPTER XL EMBEZZLEMENT AND BREACH OF TRUST
- Article 355 Embezzlement and Breach of Trust
- Article 356 Occupational Embezzlement, Occupational Breach of Trust
- Article 357 Receiving or Giving Bribe by Breach of Trust
- Article 358 Concurrent Imposition of Suspension of Qualifications
- Article 359 Attempts
- Article 360 Embezzlements of Lost Articles
- Article 361 Crimes among Relatives, Energy
- CHAPTER XLI CRIMES CONCERNING STOLEN PROPERTY
- Article 362 null
- Article 363 Habitual Crimes
- Article 364 Occupational Negligence, Gross Negligence
- Article 365 Crimes among Relatives
- CHAPTER XLII DESTRUCTION
- Article 366 Destruction and Damage of Property
- Article 367 Destruction of Structure for Public Use
- Article 368 Aggravated Destruction and Damage
- Article 369 Special Destruction and Damage
- Article 370 Trespassing Boundary
- Article 371 Attempts
- Article 372 Energy