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Laws › Criminal Act › SECTION 5 Concurrent Crimes

Criminal Act — Article 38 (Concurrent Crimes and Application of Punishment)

형법 제38조

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.

(1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification:

1. In the event the punishment specified for the most severe crime is death penalty or imprisonment with labor for an indefinite term or imprisonment without labor for an indefinite term, 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 death penalty or imprisonment with or without labor for an indefinite term, 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 and minor fine, or confiscation and confiscation may be imposed concurrently;

3. In the event the punishments specified for each crime are of different kind other than imprisonment with or without labor for an indefinite term, they shall be imposed concurrently.

(2) In cases of the subparagraphs of paragraph (1), imprisonment with labor and imprisonment without labor shall be regarded as the same kind of punishments, and therefore imprisonment with labor shall be imposed.[This Article Wholly Amended on Dec. 8, 2020]

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