Penal Code (South Korea)

Penal Code (형법[1]) 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. 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.

Penal Code
National Assembly of South Korea
Territorial extentSouth Korea
EnactedSept 18, 1953
CommencedOct 3, 1953
Status: In force
Penal Code
Hangul
형법
Hanja
刑法
Revised RomanizationHyeongbeop
McCune–ReischauerHyŏngbŏp

Origin

The criminal related laws for Joseon generally followed China'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 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 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, disqualification, Loss of rights due to conviction for criminal offense, Fine (penalty), minor fine, and Confiscation of property.

Imprisonment with hard labor and imprisonment is classified as an Indefinite imprisonment 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, 2. Crime, 3. Punishment, 4. Duration. In the part of each crime, it defines 42 crimes.

Crimes in Penal Code of Korea
  1. conspiracy of a rebellion
  2. conspiracy of the foreign troubles
  3. crime about the national flag
  4. crime about diplomatic relations
  5. infringement of public peace
  6. crime about explosive materials
  7. crime about a duty of Public Officials
  8. interference with a government official in the exercise on his duty
  9. a fugitive and a concealment of the criminal
  10. the perjury and the destruction of evidence
  11. the calumny (the false charge)
  12. spoil a dead body and a burial ground
  13. the incendiarism and an accidental fire
  14. crime about irrigation and water control
  15. infringement of the traffic
  16. crime about drinking water (poisoning into water)
  17. crime about illegal drugs
  18. crime about currency (a counterfeit)
  19. crime about a check, a bond, a stock (forgery)
  20. forgery of a document (public and private)
  21. the forgery of a seal
  22. 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
  1. crime about a lottery ticket
  2. murder
Penal code of Korea, There is an increasing punishment of murder of parents.
It may be effected by Confucianism.
  1. the injury and the violence
  2. an accidental homicide and injury
  3. the abortion
  4. abandon and maltreatment to person
  5. illegal imprisonment and confinement
  6. the duress
  7. the abduction (kidnapping)
  8. the rape and committing obscene acts
  9. the defamation of character (slander)
  10. the spread of falsehood
  11. the leakage of classified information
  12. unlawful entry
  13. the interruption of other persons' legal rights
  14. the theft and the burglary
  15. the fraud and the menace
  16. the breach of trust and the embezzlement
  17. crime of dealing in stolen goods
  18. destruction of other's property

References
  1. 형법. Ministry of Justice.

See also
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