Penal Code (형법) is the criminal law code currently used in

South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...

. The first modern form of

criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...

in Korea was introduced during

Korea under Japanese rule Between 1910 and 1945, Korea was ruled as a part of the Empire of Japan. Joseon Korea had come into the Japanese sphere of influence with the Japan–Korea Treaty of 1876; a complex coalition of the Meiji government, military, and business offic ...

. From 1912 to 1953, the Japanese Criminal code was used for the duration of around 40 years. In Sept 18, 1953, South Korea enacted its own criminal code.

Origin

The criminal related laws for

Joseon Joseon (; ; Middle Korean: 됴ᇢ〯션〮 Dyǒw syéon or 됴ᇢ〯션〯 Dyǒw syěon), officially the Great Joseon (; ), was the last dynastic kingdom of Korea, lasting just over 500 years. It was founded by Yi Seong-gye in July 1392 and re ...

generally followed

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...

's forms of law; however it had its own uniqueness based on Joseon traditions and

Neo-Confucianist Neo-Confucianism (, often shortened to ''lǐxué'' 理學, literally "School of Principle") is a moral, ethical, and metaphysical Chinese philosophy influenced by Confucianism, and originated with Han Yu (768–824) and Li Ao (772–841) in th ...

ideologies. In 1912, the

Governor-General of Korea Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...

declared the Chosun Criminal Order (조선형사령) and in April 4 of the same year, the

Penal Code of Japan The Penal Code (刑法 ''Keihō'') of Japan was passed in 1907 as Law No. 45. It is one of six Codes that form the foundation of modern Japanese law. The penal code is also called “ordinary criminal law” or “general criminal law” as it ...

and

Criminal justice system of Japan Within the criminal justice system of Japan, there exist three basic features that characterize its operations. First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative re ...

was in force in Korea. After liberation, the Chosun Criminal Order was still in place until Oct 2, 1953 by the USAMGIK Ordinance 21 and the

Constitution of South Korea The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987. Background The Provisional Charter of Korea The preamble of the Constitution of South ...

. The law was enacted 50 days after the

Korean War , date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...

on September 18, 1953. 15 days later in Oct.3, the law was officially in force. The Penal Code enacted in 1953 was mostly a translation of the former Japanese criminal code. However, as time passed, South Korea's Penal Code became more subjective than the Japanese criminal code. The South Korean Penal Code has stronger penalties in comparison to the Japanese criminal code, excluding

robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...

and other property related crimes. Punishments are stricter on laws regarding government rights and almost all laws that include punishments for preparing a criminal act also have a punishment for plotting one.

Abstract

Types of Punishment

Types of punishment include under the criminal code

Capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

, Imprisonment with hard labor,

Imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

, disqualification,

Loss of rights due to conviction for criminal offense Loss of rights due to criminal conviction refers to the practice in some countries of reducing the rights of individuals who have been convicted of a criminal offence. The restrictions are in addition to other penalties such as incarceration or f ...

Fine (penalty) A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case ...

, minor fine, and Confiscation of property. Imprisonment with hard labor and imprisonment is classified as an

Indefinite imprisonment Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Natio ...

and Definite imprisonment. Definite imprisonments are longer than a period of 1 month and less than 30 years. However, in the case of an additional punishment, definite sentences can last up to 50 years.

Parts

Penal code of Korea is composed with two parts, a general regulation and each

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...

. In general regulations, there are four parts, 1. Application scope of

Criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

, 2. Crime, 3.

Punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...

, 4. Duration. In the part of each crime, it defines 42 crimes.

Crimes in Penal Code of Korea

# conspiracy of a

rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...

# conspiracy of the foreign troubles # crime about the national flag # crime about diplomatic relations # infringement of public peace # crime about explosive materials # crime about a duty of Public Officials # interference with a

government official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their ...

in the exercise on his duty # a fugitive and a concealment of the criminal # the

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

and the destruction of evidence # the

calumny Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

(the false charge) # spoil a dead body and a burial ground # the incendiarism and an accidental fire # crime about

irrigation Irrigation (also referred to as watering) is the practice of applying controlled amounts of water to land to help grow Crop, crops, Landscape plant, landscape plants, and Lawn, lawns. Irrigation has been a key aspect of agriculture for over 5,00 ...

and water control # infringement of the traffic # crime about

drinking water Drinking water is water that is used in drink or food preparation; potable water is water that is safe to be used as drinking water. The amount of drinking water required to maintain good health varies, and depends on physical activity level, a ...

(poisoning into water) # crime about illegal drugs # crime about

currency A currency, "in circulation", from la, currens, -entis, literally meaning "running" or "traversing" is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general def ...

counterfeit To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...

) # crime about a check, a bond, a stock (

forgery Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidd ...

) # forgery of a document (public and private) # the forgery of a seal # crime about

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

:Penal code of Korea still have the provisions of adultery. ::It is now controversial whether it is not against the

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...

# crime about a

lottery ticket A lottery is a form of gambling that involves the drawing of numbers at random for a prize. Some governments outlaw lotteries, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of ...

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

:Penal code of Korea, There is an increasing punishment of murder of parents. ::It may be effected by

Confucianism Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...

. # the injury and the

violence Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...

# an accidental homicide and injury # the

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...

# abandon and maltreatment to person # illegal imprisonment and confinement # the

duress Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...

# the abduction (kidnapping) # the

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...

and committing obscene acts # the defamation of character (

slander Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

) # the spread of falsehood # the leakage of classified information # unlawful entry # the interruption of other persons' legal rights # the

theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...

and the

burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...

# the

fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...

and the menace # the breach of trust and the

embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...

# crime of dealing in stolen goods # destruction of other's property

References

External links

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