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Contents

Penalties

① Among crimes of assault and injury under Part 2, Chapter 25 of the Criminal Act, penalty-related Acts are detailed in Article 27 (injury), paragraphs 1 and 3, Article 258-2 (special injury), paragraphs 1 (only applicable to crimes under Article 257, paragraph 1) and 3 (in reference to paragraph 1, only applicable to crimes under Article 257, paragraph 1), Article 260 (assault), paragraph 1, and Articles 261 (special injury) and 262 (assault incurring fatal injury) (only applicable when the crime incurred injuries)

② Among crimes of abandonment and abuse under Part 2, Chapter 28 of the Criminal Act, penalty-related Acts are detailed in Article 271 (abandonment), paragraph 1, Article 272 (abandonment of a baby), Article 273 (assault), paragraph 1, Articles 274 (abuse/mistreatment of children) and 275 (fatal injury, such as abandonment) (only applicable when the crime incurred injuries)

③ Among crimes of apprehension and imprisonment under Part 2, Chapter 29 of the Criminal Act, penalty-related Acts are detailed in Article 276 (apprehension, imprisonment), paragraph 1, Article 277 (severe apprehension, severe imprisonment), paragraph 1, Article 278 (special apprehension, special imprisonment), and Articles 280 (attempted crimes) and 281 (fatal injury, such as apprehension and imprisonment) (only applicable when the crime incurred injuries)

If a person who committed crimes of child abuse under ① to ③ above murdered the child, he/she shall be

sentenced to death, imprisonment for life, or more than seven years of imprisonment.

(Article 4, paragraph 1 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes)

① Among crimes of assault and injury under Part 2, Chapter 25 of the Criminal Act, penalty-related Acts are detailed in Article 27 (injury), paragraphs 1 and 3, Article 258-2 (special injury), paragraphs 1 (only applicable to crimes under Article 257, paragraph 1) and 3 (in reference to paragraph 1, only applicable to crimes under Article 257, paragraph 1), Article 260 (assault), paragraph 1, and Articles 261 (special injury) and 262 (assault incurring fatal injury) (only applicable when the crime incurred injuries)

② Among crimes of abandonment and abuse under Part 2, Chapter 28 of the Criminal Act, penalty-related Acts are detailed in Article 271 (abandonment), paragraph 1, Article 272 (abandonment of a baby), Article 273 (assault), paragraph 1, Articles 274 (abuse/mistreatment of children) and 275 (fatal injury, such as abandonment) (only applicable when the crime incurred injuries)

③ Among crimes of apprehension and imprisonment under Part 2, Chapter 29 of the Criminal Act, penalty-related Acts are detailed in Article 276 (apprehension, imprisonment), paragraph 1, Article 277 (severe apprehension, severe imprisonment), paragraph 1, Article 278 (special apprehension, special imprisonment), and Articles 280 (attempted crimes) and 281 (fatal injury, such as apprehension and imprisonment) (only applicable when the crime incurred injuries)

If a person who committed crimes of child abuse under ① to ③ above caused the child’s death

Imprisonment for life or more than five years of imprisonment

(Article 4, paragraph 2 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes)

① Among crimes of assault and injury under Part 2, Chapter 25 of the Criminal Act, penalty-related Acts are detailed in Article 27 (injury), paragraphs 1 and 3, Article 258-2 (special injury), paragraphs 1 (only applicable to crimes under Article 257, paragraph 1) and 3 (in reference to paragraph 1, only applicable to crimes under Article 257, paragraph 1), Article 260 (assault), paragraph 1, and Articles 261 (special injury) and 262 (assault incurring fatal injury) (only applicable when the crime incurred injuries)

② Among crimes of abandonment and abuse under Part 2, Chapter 28 of the Criminal Act, penalty-related Acts are detailed in Article 271 (abandonment), paragraph 1, Article 272 (abandonment of a baby), Article 273 (assault), paragraph 1, and Articles 274 (abuse/mistreatment of children) and 275 (fatal injury, such as abandonment) (only applicable when the crime incurred injuries)

③ Among crimes of apprehension and imprisonment under Part 2, Chapter 29 of the Criminal Act, penalty-related Acts are detailed in Article 276 (apprehension, imprisonment), paragraph 1, Article 277 (severe apprehension, severe imprisonment), paragraph 1, Article 278 (special apprehension, special imprisonment), and Articles 280 (attempted crimes) and 281 (fatal injury, such as apprehension and imprisonment) (only applicable when the crime incurred injuries)

If a person who committed a child abuse crime under ① to ③ above endangered the child’s life, incurred disabilities or an incurable disease

More than three years of imprisonment

(Article 5 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes)

· Among crimes of intimidation under Part 2, Chapter 30 of the Criminal Act, Article 283 (intimidation), paragraph 1, and Articles 284 (special intimidation) and 286 (attempted crimes)

· Among abduction, inducement, and human trafficking under Part 2, Chapter 31 of the Criminal Act, Articles 287 (abduction and inducement of minors), 288 (sexual molestation, abduction and inducement with a purpose), 289 (human trafficking), and 290 (injuries and fatal injuries incurred by abduction, inducement, human trafficking, and transmission)

· Among crimes of rape and sexual molestation under Part 2, Chapter 32 of the Criminal Act, Articles 297-2 (akin to rape), 298 (compulsory molestation), 299 (quasi-rape, quasi-compulsory molestation), 300 (attempted crime), 301 (injuries and fatal injuries incurred by rape, etc.), 301-2 (murder, and causing death by rape, etc.), 302 (adultery on minors, etc.), 303 (adultery by using one’s occupational position), 305 (adultery and molestation to minors), and 305-3 (preliminary plot)

· Among crimes of defamation under Part 2, Chapter 33 of the Criminal Act, Articles 307 (defamation), 309 (defamation through published contents, etc.), and 311 (insults)

· Among housebreaking crimes under Part 2, Chapter 36 of the Criminal Act, Article 321 (housing and body search)

· Among crimes interfering with the exercising of rights under Part 2, Chapter 37 of the Criminal Act, Articles 324 (compulsion), and 324-5 (attempted crime) (only applicable to crimes under Article 324)

· Among crimes of blackmail and fraud under Part 2, Chapter 39 of the Criminal Act, Articles 350 (blackmail), 350-2 (special blackmail), and 352 (attempted crime) (only applicable to crimes under Article 350 and 350-2)

· Among crimes of destruction under Part 2, Chapter 42 of the Criminal Act, Article 366 (wealth destruction, etc.)

Penalties determined under the corresponding provisions of the Criminal Act

(Article 283, paragraph 1, and Articles 284, 286, 287, 288, 289, 290, 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303, 305, 305-3, 307, 309, 311, 321, 324, 324-5 (only applicable for crimes under Article 324), 350, 350-2, 352 (only applicable for crimes under Articles 350 and 350-2) and 366 of the Criminal Act)

Human trafficking of children

Up to 10 years of imprisonment (penalties for attempted crimes)

(Article 71, paragraph 1, subparagraph 1, and Article 73 of the Child Welfare Act)

For persons committing sexual abuse, such as forcing the child to conduct lewd acts, mediating sex trafficking, or shame-attacking children by sexual harassment

Up to 10 years of imprisonment or fined up to KRW 100 million

(Article 71, paragraph 1, subparagraph 1-2 of the Child Welfare Act)

① Impairing or abusing the child’s body that harms his/her health and growth

② Mental abuse that harms a child’s mental health and growth

③ Abandoning a child protected or overseen by himself/herself, and neglecting to take basic measures to protect, nurture, medically treat, or educate the child, including the provision of food, clothing, and shelter

④ Making a child with disabilities perform upon the public

⑤ Forcing or using the child to beg

Up to 5 years of imprisonment or fined up to KRW 50 million

(Article 71, paragraph 1, subparagraph 2 of the Child Welfare Act)

Making the child perform acrobatic feats for public performances or entertainment, even though it threatens the child’s health or safety, or guiding a child to a third party for the previous purposes

Up to 1 year of imprisonment or fined up to KRW 10 million

(Article 71, paragraph 1, subparagraph 4 of the Child Welfare Act)

※ For habitual persons who committed the above crimes habitually, the penalty will be aggravated up to 1/2 of the determined punishment for the crime. However, this provision will not apply to habitual criminals additionally punished under other Acts (Article 6 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).