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Laws › Criminal Act › SECTION 1 Kinds and Severity of Punishments

Criminal Act — Article 43 (Imposition of Sentence, Deprivation of Qualifications and Suspension of Qualifications)

형법 제43조

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) A person who is sentenced to death penalty, or imprisonment with or without labor for an indefinite term, 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 Acts;

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 imprisonment with or without labor for a limited term shall be under suspension of the qualifications enumerated in subparagraphs 1 through 3 of the preceding paragraph until the execution of punishment is completed or remitted: Provided, That if any other Act expressly provides otherwise, the Act shall apply preferentially. <Amended on Jan. 6, 2016>[Paragraph (2) of this Article is Amended on Jan. 6, 2016 under Act No. 13719 in accordance with the Constitutional Court's decision that held this paragraph unconstitutional and inconsistent with the Constitution]

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