ENGLISH

Classification

Contents

Crimes regarding

sexual customs

Crime of mediating lewd acts

(Article 242 of the Criminal Act)

Up to three years of imprisonment or fined up to KRW 15 million

Promulgation of pornographic images

(Article 243 of the Criminal Act)

Up to one year of imprisonment or fined up to KRW 5 million

Production of pornographic images

(Article 244 of the Criminal Act)

Up to one year of imprisonment or fined up to KRW 5 million

Crime of exhibition of pornographic images

(Article 245 of the Criminal Act)

Up to one year of imprisonment, fined up to KRW 5 million, detention, or a minor fine

Crimes of

Rape and Sexual Molestation

Crimes and attempted crimes of rape

(Articles 297 and 300 of the Criminal Act)

More than three years of imprisonment for a limited term and punishment for the attempted crime

Crimes and attempted crimes of analogous rape

(Articles 297-2 and 300 of the Criminal Act)

More than two years of imprisonment for a limited term and punishment for the attempted crime

Crimes and attempted crimes of compulsory sexual molestation

(Articles 298 and 300 of the Criminal Act)

Up to ten years of imprisonment, or fined up to KRW 15 million and punishment for the attempted crime

Quasi-rape, and committing and attempting quasi-compulsory molestation

(Articles 299 and 300 of the Criminal Act)

Punishment for crimes and attempted crimes under Articles 297, 297-2, and 298 of the Criminal Act

Crimes of injuries by assault by rape

(Article 301 of the Criminal Act)

Imprisonment for life or more than five years of imprisonment

Crimes of murder and fatal injuries by rape

(Article 301-2 of the Criminal Act)

If a criminal murdered another person by committing rape, analogous rape, compulsory molestation, quasi-rape, quasi-compulsory molestation, or attempted a crime: Death sentence or imprisonment for life

If a criminal caused another person’s death by committing rape, analogous rape, compulsory molestation, quasi-rape, quasi-compulsory molestation, or attempted a crime: Imprisonment for life or more than ten years of imprisonment

Adultery to minors, etc.

(Article 302 of the Criminal Act)

Up to five years of imprisonment

Adultery by exerting one’s occupational position

(Article 303 of the Criminal Act)

Adultery by exerting one’s position or power to an employee, worker, or someone under the assailant’s control or supervision

Up to seven years of imprisonment or fined up to KRW 30 million

Adultery by a person superintending another person held in custody according to law: Up to ten years of imprisonment

Adultery or sexual molestation of a minor

(Article 305 of the Criminal Act)

Punished according to Articles 297, 297-2, 298, 301, or 301-2 of the Criminal Act

Burglar rape

(Article 339 of the Criminal Act)

Imprisonment for life or more than ten years of imprisonment

Classification

Contents

Crimes and attempted crimes of special burglar rape, etc.

(Articles 3, 15, and 15-2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. Rape, analogous rape, compulsory molestation, quasi-rape, and quasi-compulsory molestation committed by a criminal of housebreaking, trespassing upon residence at night, special larceny, or an attempted crime:Imprisonment for life, more than seven years of imprisonment, and punishment for an attempted crime

2. Rape, analogous rape, compulsory molestation, quasi-rape, and quasi-compulsory molestation by a person who committed or attempted crimes of special robberyDeath sentence, imprisonment for life, more than ten years of imprisonment, and punishment for an attempted crime

3. Conspiracy or preparation: Up to three years of imprisonment

Crimes and attempted crimes of special rape, etc.

(Articles 4, 15, and 15-2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. More than two persons joining forces to commit or attempt rape while holding a weapon or dangerous object: Imprisonment for life, more than seven years of imprisonment, and punishment for an attempted crime

2. More than two persons joining forces to commit or attempt compulsory sexual molestation while holding a weapon or dangerous object: More than five years of imprisonment for a limited term and punishment for the attempted crime

3. More than two persons joining forces to commit or attempt quasi-rape, or quasi-compulsory molestation while holding a weapon or dangerous object: Punishment for the crime or attempted crime as specified under paragraphs 1-2.

4. Conspiracy or preparation: Up to three years of imprisonment

Rape and attempted rape by a relative

(Articles 5, 15, and 15-2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1.Relatives (Cousins or closer relatives or relatives residing together, including factual relationships, same below) who raped or attempted rape through assault or threats: More than seven years of imprisonment for a limited term and punishment for an attempted crime

2.Relatives who forcingly molested or attempted molestation through assault or threats: More than five years of imprisonment for a limited term and punishment for the attempted crime

3. Relatives who quasi-raped, forcingly quasi-molested, or attempted such crimes: Punishment for the crime or attempted crime as specified under paragraphs 1-2.

4. Conspiracy or preparation: Up to three years of imprisonment

Rape, compulsory molestation, or attempting such crimes to persons with disabilities

(Articles 6, 15, and 15-2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. Raping or attempting rape of a person with physical or mental disabilities: Imprisonment for life, more than seven years of imprisonment, and punishment for an attempted crime

2. Attempting or committing criminal acts of putting one’s finger, genitals, another body part (excluding genitals), or tool into the body, such as mouth, anus (excluding genitals), of a person who has physical or mental disabilities More than five years of imprisonment for a limited term and punishment for the attempted crime

3. Molesting or attempting molestation of a person with physical or mental disabilities: More than three years of imprisonment, or fined up to KRW 30 million to KRW 50 million and punishment for the attempted crime

4. Adultery, sexual molestation, or attempting such crimes to a person who is incapable or has difficulty to resist due to physical or mental disabilities: Punishment for the crime or attempted crime as specified under paragraphs 1-3.

5. Adultery or attempting adultery by using one’s position or power to a person with physical or mental disabilities More than five years of imprisonment for a limited term and punishment for the attempted crime

6. Molesting or attempting molestation by using one’s position or power to a person with physical or mental disabilities More than one year of imprisonment, or fined up to KRW 10 million to KRW 30 million and punishment for the attempted crime

7. Conspiracy or preparation: Up to three years of imprisonment

Crimes or attempted crimes of rape or compulsory sexual molestation of minors under the age of 13

(Articles 7, 15, and 15-2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. Raping or attempting rape of a person under the age of 13: Imprisonment for life, more than ten years of imprisonment, and punishment for an attempted crime

2. Attempting or committing criminal acts of putting one’s finger, genitals, another body part (excluding genitals), or tool into the body, such as mouth, anus (excluding genitals), of a person under the age of 13: More than seven years of imprisonment for a limited term and punishment for an attempted crime

3. Forcingly molesting or attempting molestation of a minor under the age of 13: More than five years of imprisonment for a limited term and punishment for the attempted crime

4. Quasi-raping, forcingly quasi-molesting, or attempting such crimes to a minor under the age of 13: Punishment for the crime or attempted crime as specified under paragraphs 1-3.

5. Adultery, molestation, or attempting such crimes by using one’s power or position to a person under the age of 13: Punishment for the crime or attempted crime as specified under paragraphs 1-3.

6. Conspiracy or preparation: Up to three years of imprisonment

Committing or attempting crimes of injuries by assault and rape

(Articles 8 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. If a person injured or caused another person’s injury after committing or attempting special burglar rape, etc. (Article 3, paragraph 1, and Article 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes), committing or attempting special rape, rape or compulsory molestation of persons with disabilities, or attempting or committing rape or compulsory molestation of a minor under the age of 13: Imprisonment for life, more than ten years of imprisonment, and punishment for an attempted crime

2. If a person injured, caused injury, or attempted such crimes to another person after committing or attempting rape, etc. to a relative: Imprisonment for life, more than seven years of imprisonment, and punishment for an attempted crime

Committing or attempting murder or fatal injury by rape

(Articles 9 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. If a person injured or caused another person’s injury after committing or attempting special burglar rape, etc. (Article3, paragraph 1, and Article 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes), committing or attempting special rape, or raping a relative, rape or compulsory molestation of persons with disabilities, or attempting or committing rape, analogous rape, compulsory molestation, of a minor under the age of 13, or if a person attempting such crimes forcibly murdered another person: Death sentence, imprisonment for life, punishment of attempted crimes

2. If a person caused or attempted another person’s death after committing or attempting special rape or rape of a relative: Imprisonment for life, more than ten years of imprisonment, and punishment for an attempted crime

3. If a person caused or attempted another person’s death after committing or attempting rape or compulsory molestation of persons with disabilities or minors under the age of 13: Death sentence, imprisonment for life, more than ten years of imprisonment, and punishment for an attempted criminal

Sexual molestation by using one’s occupational power

(Article 10 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

Sexual molestation by exerting one’s position or power to an employee, worker, or someone under the assailant’s control or supervision Up to three years of imprisonment or fined up to KRW 15 million

Molestation by a person superintending another person held in custody according to law: Up to five years of imprisonment or fined up to KRW 20 million

Molestation in crowded public places

(Article 11 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

Molestation in crowded public places, such as public transportation, performance halls, and assembly places

Up to one year of imprisonment or fined up to KRW 30 million

Intruding public places for sexual purposes (Article 12 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

If a person intrudes into public places for sexual pleasure or refuses to leave even after being expelled from public places, including but not limited to restrooms, public baths, bathhouses, sweating rooms, lactation rooms, and dressing rooms. Up to one year of imprisonment or fined up to KRW 10 million

Crime of lewd act through communication media

(Article 13 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

If a person delivers phrases, sounds, text, images, videos, or objects that incur sexual humiliation or detestability for his/her or another person’s sexual pleasure or satisfaction by phone, mail, computer, or other communication media: Up to two years of imprisonment or fined up to KRW 20 million

Filming or attempting to film another person for sexual purposes

(Articles 14 and 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. If filming another person’s body without permission or forcibly with a camera or other similar devices incur other people’s sexual desires or the filmed subject’s sexual humiliation: Up to seven years of imprisonment, or fined up to KRW 50 million and punishment for the attempted crime

2. If promulgating, selling, lending, providing, publicly exhibiting, or screening (hereinafter referred to as “Promulgation, etc.”) filmed or reproduced videos under paragraph 1, orIf committing or attempting promulgation of a filmed or reproduced video against the filmed subject’s will, even though the subject agreed when filmed (including the subject filming himself/herself): Up to seven years of imprisonment, or fined up to KRW 50 million and punishment for the attempted crime

3. If a person committed or attempted crimes under paragraph 2 for commercial purposes and against the filmed subject’s will through an information network system under Article 2, paragraph 1, subparagraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: More than three years of imprisonment and punishment for the attempted crime

4.Crimes or attempting crime of holding, purchasing, saving, or watching filmed or reproduced videos under paragraph 1 or 2 Up to three years of imprisonment or fined up to KRW 30 million

5. Habitual offenders under paragraphs 1.-3.: Add up to 1/2 of the crime punishment

Committing or attempting promulgation of false videos, etc. (Article 14-2 and Article 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. If editing, synthesizing, fabricating, (hereinafter referred to as “Editing”) or attempting such crimes on filmed materials, videos, or recorded materials (hereinafter referred to as “Videos”) that display a person’s face, body, or voice to incur other people’s sexual desires or the subject’s sexual humiliation: Up to 5 years of imprisonment or fined up to KRW 50 million and punishment for the attempted crime

2. If committing or attempting promulgation of the edited, synthesized, or fabricated material above (hereinafter referred to as “Edited Materials”) or reproduced materials (including re-replicated materials, same below), or if committing or attempting promulgation of edited or reproduced materials against the filmed subject’s will, even if the subject may have agreed when the assailant edited the videos: Up to 5 years of imprisonment or fined up to KRW 50 million

3. If committing or attempting the crimes above for commercial purposes through information network systems against the subject’s will: Up to seven years of imprisonment and punishment of the attempted crime

4. Habitual offense: Add up to 1/2 of the crime punishment

Threatening, forcing, or attempting such crimes through videos

(Article 14-3 and Article 15 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

1. If threatening or attempting to threaten the subject through filmed or reproduced (including re-replicated) materials that may incur other people’s sexual desire or the subject’s sexual humiliation: More than one year of imprisonment for a limited term and punishment for the attempted crime

2. If interfering or attempting to interfere with the victim exercising his/her right or forcing or attempting to force the victim into doing non-binding acts More than three years of imprisonment for a limited term and punishment for the attempted crime

3. Habitual offense: Add up to 1/2 of the crime punishment