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Government Laws

Criminal Act

(Source: retrieved 2001, from Protection Project Web site: http://www.protectionproject.org/)

CHAPTER XXXI: CRIMES OF KIDNAPPING

Article 287 (Kidnapping of a Minor): A person who kidnaps a minor by force or inveiglement shall be punished by imprisonment for not more than ten years.

Article 288 (Kidnapping and Trading for Gain):
(1)	A person who kidnaps another by force or inveiglement for the purpose of engaging in an indecent ac or sexual intercourse, or for gain, shall be punished by limited imprisonment for not less than one year.
(2)	The proceeding paragraph shall apply to a person who buys or sells a female for the purpose of prostitution.
(3)	A person who habitually commits the crimes of the proceeding two paragraphs, shall be punished by limited imprisonment not less than two years

Article 289 (Kidnapping and Trading for Transportation to a Foreign Country):
(1)	A person who kidnaps another by force or inveiglement or buys or sells another for the purpose of transporting them out of the Republic of Korea, shall be punished by a limited imprisonment for not less than three years.
(2)	The proceeding paragraph shall apply to a person who transports a kidnapped Or purchased person outside of the Republic of Korea.
(3)	A person who habitually commits the crimes of the preceding two paragraphs shall be punished by limited imprisonment for not less than five years.

Article 290 (Preparations, Conspiracies): A person, who makes preparations or conspires with the intent to commit the crimes of the preceding Article, shall be punished by imprisonment for not more than three years.

Article 291 (Kidnapping for Marriage): A person who kidnaps another by force or inveiglement for the purpose of marriage shall be punished by imprisonment for not more than five years.

Article 292 (Receiving or Concealing Kidnapped or Purchased, etc.):
(1)	A person who receives or conceals another who has been kidnapped, sold, or transported as specified in Article 288 or 289, shall be punished by imprisonment for not more than seven years. [Amended by Act No. 5057, Dec. 29, 1995]
(2)	A person who receives or conceals another who has been kidnapped as specified in Article 287 or 291, shall be punished by imprisonment for not more than five years. [Amended by Act No. 5057, Dec. 29, 1995]

Article 293 (Habitual Crimes):
(1)	A person who habitually commits the crimes of the preceding Article shall be punished by imprisonment for not less than two years nor more than ten years.
(2)	The preceding paragraph shall apply to a person who commits the crimes of the preceding Article for the purpose of engaging in an indecent act or sexual intercourse, or for gain.

Article 294 (Attempts): Attempts to commit the crimes of Articles 287 through 289 and Article 291 to the preceding Article shall be punished.

Article 295 (Concurrent Imposition of Suspension of Qualifications or Fine): In the case of Articles 288, 289, 292, 293 and attempts to commit these crimes, suspension of qualifications for not more than ten years or a fine not exceeding twenty million won may be concurrently imposed.
[Amended by Act No. 5057, Dec. 29, 1995]

Act On The Aggravated Punishment, Etc. Of Specific Crimes

Article 5-2 (Aggravated Punishment of Kidnapping and Inducement):
(1)	Any person who commits the crime as provided in the Article 287 of the Criminal Act shall be punished aggravatingly depending on the intention of the kidnapping or inducement as follows: Where the person commits the crime with the intention of gaining any Goods or interest on property, taking advantage of the anxiety of the parents of the kidnapped or induced minor, or of other person who is anxious about the safety of the minor, the person shall be punished by imprisonment for life or imprisonment for not less than five years; and Where the person commits the crim with the intention of killing the Kidnapped or induced minor, the person shall be punished by capital punishment, imprisonment for life or imprisonment for not less than seven years.
(2)	If a person who has committed the crime as prescribed in Article 287 of the Criminal Act commits any one of the following acts, the person shall be punished aggravatingly as follows: Where the person acquires or demands any goods or interest on property, taking advantage of the anxiety of the parents of the kidnapped or induced minor, or of another person who is anxious about the safety of the minor, the person shall be punished by life imprisonment or imprisonment not less than ten years; Where the person kills the kidnapped or induced minor, the person shall be punished by death or life imprisonment; Where the person assaults, injures, confines, or abandons the kidnapped or induced minor, or does any cruel act to the minor, the person shall be punished by imprisonment for life or imprisonment not less than five years; and Where the person commits the crime as referred to in subparagraph 3 resulting in the death of the minor, the person shall be punished by capital Punishment, imprisonment for life or imprisonment not less than seven years.
(3)	Any person who prevents the kidnapped or induced minor from returning Home, by concealment or any other way, or by aiding and abetting the person who commits the crime as prescribed in paragraph (1) or (2) shall be punished by imprisonment not less than five years.
(4)	Any person who commits the crime as provided in Article 288, 289 or 292 of The Criminal Act shall be punished by life imprisonment or not less than five years. [Amended by Act No. 4291, Dec 31, 1990]
(5)	Any person who habitually commits the crime as prescribed in paragraph (4) Shall be punished aggravatingly up to a half of the penalty prescribed for the crime. [Amended by Act No. 4090, Mar. 25, 1989]
(6)	The attempts of the crimes as referred to in paragraphs (1), (2) (excluding Paragraphs (2) 4 and (1)), shall be punished. [Amended by Act No. 4090, Mar. 25, 1989]
(7)	Any person who conceals a person enables who commits the crime as Specified in paragraphs (1) through (6), or enables such a person to flee, shall be punished by imprisonment for not less than three years. [Newly inserted by Act No. 4090, Mar 25, 1989]
(8)	Any person who makes the preparation or conspiracy with the intent to Commit the crime as referred to in paragraphs (1), (2) 1 and 2, or (4), shall Be punished by imprisonment for not less than one year. [Newly inserted by Act No. 4090 Mar 25, 1989]