PART I GENERAL PROVISIONS
CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE
Article 1 (Criminality and Punishability of Act)(1) The criminality and punishability of an act shall be determined by the law in effect at the time of the commission of that act.
(2) When a law is changed after the commission of a crime, such act thereby no longer constitutes a crime under the new law, or the punishment therefor under the new law becomes less severe than under the previous law, the new law shall apply.
(3) When a law is changed after the sentence for a crime committed under the previous law has become final and such act thereby no longer constitutes a crime, the execution of the punishment shall be remitted.
Article 2 (Domestic Crimes)This Act shall apply to both Korean nationals and aliens who commit crimes in the territory of the Republic of Korea.
Article 3 (Crimes by Koreans outside Korea)This Act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea.
Article 4 (Crimes by Aliens on Board Korean Vessel, etc. outside Korea)This Act shall apply to aliens who commit crimes on board a Korean vessel or Korean aircraft outside the territory of the Republic of Korea.
Article 5 (Crimes by Aliens outside Korea)This Act shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea:
1. Crimes concerning insurrection;
2. Crimes concerning foreign aggression;
3. Crimes concerning the national flag;
4. Crimes concerning currency;
5. Crimes concerning securities, postage, and revenue stamps;
6. Crimes specified in Articles 225 through 230 among crimes concerning documents;
7. Crimes specified in Article 238 among crimes concerning seals.
Article 6 (Foreign Crimes against Republic of Korea and Korean National outside Korea)This Act shall apply to aliens who commit crimes, other than those specified in the preceding Article, against the Republic of Korea or her nationals outside the territory of the Republic of Korea: Provided, That this shall not apply where such acts under Act in effect at the time of the act do not constitute a crime, or the prosecution thereof or the execution of the punishment therefor is remitted.
Article 7 (Inclusion of Sentence Executed Abroad)If an offender has undergone the whole or partial execution of sentence imposed abroad because of crime, the sentence either wholly or partially executed shall be included in the sentence to be declared in Korea.
[This Article Wholly Amended by Act No. 14415, Dec. 20, 2016]
Article 8 (Application of General Provisions)The general provisions of this Act shall also apply to such crimes as are provided by other Acts and subordinate statutes unless provided otherwise by such Acts and subordinate statutes.
CHAPTER II CRIME
SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence
Article 9 (Criminal Minors)The act of a person under fourteen years of age shall not be punished.
Article 10 (Persons with Mental Disorders)(1) The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.
(2) For the conduct of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment shall be mitigated.
(3) The provisions of the preceding two paragraphs shall not apply to the act of a person who, in anticipation of danger of a crime, has intentionally incurred his/her mental disorder.
Article 11 (Deaf-Mutes)Punishment shall be mitigated for the act of deaf-mutes.
Article 12 (Action Compelled)Action compelled by either irresistible force or threat against the life or body of the compelled person or his/her relatives which cannot be protected shall not be punishable.
Article 13 (Criminal Intent)Act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by Act.
Article 14 (Negligence)Act performed through ignorance of the facts which comprise the constituents of a crime by neglect of normal attention, shall be punishable only when prescribed so by Act.
Article 15 (Misunderstanding of Fact)(1) Act performed through ignorance of the facts which constitute especially more severe crimes shall not be punishable for such severe crimes.
(2) Crimes for which punishment become more severe due to results thereof, shall not be punishable for more severe crimes if such results were not foreseeable.