Penal Code (South Korea)
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| Penal Code | |
|---|---|
 | |
| National Assembly of South Korea | |
| Territorial extent | South Korea |
| Enacted | Sept 18, 1953 |
| Commenced | Oct 3, 1953 |
| Status: Amended | |
| Penal Code | |
| Hangul | 형법 |
|---|---|
| Hanja | 刑法 |
| Revised Romanization | Hyeongbeop |
| McCune–Reischauer | Hyŏngbŏp |
The Penal Code or Criminal Act[1](형법[2]) is the criminal law code in South Korea. The first modern criminal code in Korea was introduced during Japanese rule. From 1912 to 1953, the Japanese Criminal code was used for around 40 years. In September 1953, South Korea enacted its own criminal code.
History
[edit]Crime laws for Joseon generally followed China; however it also reflected Joseon and Neo-Confucianist ideologies. In 1912, the Governor-General of Korea declared the Chosun Criminal Order (조선형사령) and on April 4, the Penal Code of Japan and Criminal justice system of Japan came into force in Korea. After liberation, the Chosun Criminal Order remained in place until October 2, 1953.
The law was enacted 50 days after the Korean War ceasefire 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 Japanese criminal code. As time passed, South Korea's Penal Code became more subjective than its inspiration. The South Korean Penal Code has stronger penalties than its precursor, excluding robbery and other property crimes. Punishments were stricter on laws regarding government rights and almost all laws include punishments for preparing a criminal act.
Types of punishment
[edit]Punishments included capital punishment, Imprisonment with hard labor, Imprisonment, disqualification, loss of rights, fines, minor fines, and confiscation of property.
Imprisonment with hard labor is classified as an Indefinite imprisonment or a definite imprisonment. Definite imprisonments are longer than 1 month and less than 30 years. However, in the case of an additional punishment, dsentences can extend to 50 years.
Parts
[edit]The penal code of Korea is composed of two parts, containing general regulations and crime-specific regulations. The general regulations have four parts:
- Application scope of Criminal law
- Crime
- Punishment
- Duration
The crime specific regulations consists of:
- conspiracy of a rebellion
- 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 dutyoutl
- 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)
- crime about a check, a bond, a stock (forgery)
- forgery of a document (public and private)
- the forgery of a seal
- crime about adultery
See also
[edit]References
[edit]- ^ "Criminal Act". K-Law.
- ^ 형법. Ministry of Justice.
External links
[edit]- "Criminal Code (wholly amended 1 January 1998) [Republic of Korea], 3 October 1953". UNHCR RefWorld. United Nations High Commissioner for Refugees. Retrieved February 14, 2013.
- "Criminal Act (Act No. 239 of September 18, 1953, as amended up to Act No. 11731 of April 5, 2013)". WIPO Lex. World Intellectual Property Organization. Retrieved May 1, 2015.