Penal Code (형법) is the criminal law code currently used in South Korea. The first modern form of criminal code 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 ideologies. In 1912, the Governor-General of Korea declared the Chosun Criminal Order (조선형사령) and in April 4 of the same year, the Penal Code of Japan 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 law was enacted 50 days after the Korean War 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, 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 Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, o ...

. 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 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 in the exercise on his duty # a fugitive and a concealment of the criminal # the perjury and the destruction of evidence # the calumny (the false charge) # spoil a dead body and a burial ground # the incendiarism and an accidental fire # crime about irrigation and water control # infringement of the traffic # crime about drinking water (poisoning into water) # crime about illegal drugs # crime about currency (a

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 :Penal code of Korea still have the provisions of adultery. ::It is now controversial whether it is not against the constitutional law # 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. # the injury and the violence # an accidental homicide and injury # the abortion # abandon and maltreatment to person # illegal imprisonment and confinement # the duress # the abduction (kidnapping) # the rape and committing obscene acts # the defamation of character ( slander) # the spread of falsehood # the leakage of classified information # unlawful entry # the interruption of other persons' legal rights # the theft 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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