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Article 1: Purpose(1) The purpose of this Law is to restrict anti-state > activities which endanger the national security, so that the nations security > and the life and liberty of the citizens can be secured. (2) Interpretation > and application of the provisions of the Law shall be restrictive only to > achieve the purposes stated in Section (1), and shall not be liberally construed > or applied in a manner which unjustifiably impinge upon the fundamental civil > rights of the citizenry protected under the Constitution. >
Article 2: Definition(1) Under this Law, the term Anti-State Organization > shall mean an association or a group having a command structure with the purpose > of claiming the title of the Government or overthrow the State. >
Article 3: Formation of Anti-state Organization(1) Any person who > organizes or joins an Anti-state Organization shall be punished in accordance > with the following classification:(a) Any person acting as the ring leader > shall be punishable by death or life imprisonment(b) Any person engaged in > the duties of leadership or officers shall be punishable by death, life > imprisonment or imprisonment of a term of not less than 5 years; and(c) Any > person other than those mentioned above shall be punishable by imprisonment for > a term of not less than 2 years. (2) Any person who recommends membership in > an Anti-state Organization to a third party shall be punishable by imprisonment > for a term of not less than 2 years. (3) Any person found to have attempted > the acts in Sections (1) and (2) shall be punished. (4) Any person > conspiring or preparing to commit the crimes under Sections (1)(a) and (1)(b) > shall be punishable by imprisonment for a term of not less than 2 years. (5) > Any one conspiring or preparing to commit the crime under Section (1)(c) shall > be punishable by imprisonment for a term of not exceeding 10 years. >
Article 4: Performance of Objectives(1) If a member of an Anti-state > Organization or a person receiving orders form such organization engages in > actions in furtherance of said organizations objectives, said member or person > shall be punished in accordance with the following classifications:(a) Any > person who has committed the acts defined under Articles 92 through 97, Article > 99, Section (2) of Article 250, Article 338, or Section (3) of Article 340 of > the Criminal Code shall be subject to the punishment prescribed under the > applicable Articles. (b) Any person who has committed the acts defined under > Article 98 of the Criminal Code or has detected, collected, divulged, > transmitted or intermediated the States secrets shall be punishable in > accordance with the following classifications:(i) If the subject military > secret or the States secret is of the kind which must be restricted to select > persons in order to avoid material detriment to the national security, or fact, > material or knowledge which must be guarded against the enemy states and > Anti-state Organizations, then the person shall be punishable by death or life > imprisonment.(ii) In cases involving military secret or the States secret > other those described under sub-section (i), a person in violation shall be > punishable by death, life imprisonment or imprisonment for a term of not less > than 7 years. (c) Any person who has committed any one of the acts defined > under Article 115, Section (1) of Article 119, Articles 147, 148, 164 through > 169, 177 through 180, 192 through 195, 207, 208, 210, Section (1) of Article > 250, Articles 252, 253, 333 through 337, 339, Sections (1) and (2) of Article > 340 of the Criminal Code shall be punishable by death, life imprisonment or > imprisonment of a term of not less than 10 years.(d) Any person who has > destroyed the transportation or communication facilities or buildings or any > other key facilities used by the State or public organization, or kidnapped or > inveigled other person, or moved or taken away vessels, airplanes, automobiles, > weapons and any other goods, shall be weapons and any other goods, shall be > punishable by death, life imprisonment or imprisonment for a term of not less > than 5 years;(e) Any person who has committed any one of the acts defined > under Articles 214 through 217, 257 through 259, and 262 of the Criminal Code, > or destroyed, concealed, forged, or transferred the documents or goods > considered the States secret shall be punishable by imprisonment for a term of > not less than 3 years; and (f) Any person who has instigated or > propagandized any one of the acts defined in sub-sections (a) through (e), or > fabricated or disseminated false facts or transmitted fabricated facts > concerning such matters that might cause social disorder, shall be punishable by > imprisonment for a term of not less than 2 years. (2) Any person who > attempts to commit the acts defined under Section (1) shall be punished. (3) > Any person who prepares or conspires to commit the crimes as set forth in > sub-sections (a) through (d) of Section (1) shall be punishable by imprisonment > for a term of not less than 2 years. (4) Any person who prepares or > conspires to commit the crimes as set forth in sub-sections (e) and (f) of > Section (1) shall be punishable by imprisonment for a term not exceeding 10 > years. >
Article 5: Voluntary Support and Receiving Money or Materials(1) Any > person who has voluntarily committed any one of the acts as stipulated in > Section (1) of Article 4 for the purpose of aiding an Anti-state Organization or > its members or those who had been under instruction from such organization shall > be punished as prescribed in Section (1) of Article 4.(2) Any person who has > received money or materials from member of an Anti-state Organization or a > person who had been under instruction from such organization, with the knowledge > that such action threatens the nations existence and security and the order of > liberal democracy, shall be punishable by imprisonment for a term of not > exceeding 7 years. (3) Any person who attempts to commit the crimes as > stipulated in Sections (1) and (2) shall be punished. (4) Any person who > prepares or conspires to commit the crimes as stipulated in Section (1) shall be > punishable by imprisonment for a term of not exceeding 10 years. (5) > Deleted. >
Article 6: Escape and Infiltration(1) Any person who has infiltrated into > this country from an area controlled by an Anti-state organization, or illegally > escaped to such area, with the knowledge that such action threatens the nations > existence and security and the order of liberal democracy, shall be punishable > by imprisonment for a term of not exceeding 10 years. (2) Any person who has > escaped or infiltrated after receiving or in order to receive a directive from > an Anti-state Organization or its member, or after discussing or in order to > discuss the execution of its objectives, shall be punishable by death, life > imprisonment or imprisonment for a term of not less than 5 years. (3) > Deleted. (4) Any person who attempts to commit the crimes stipulated in > Sections (1) and (2) shall be punished. (5) Any person who prepares or > conspires to commit the crimes as stipulated in Section (1) shall be punishable > by imprisonment for a term of not exceeding 7 years. (6) Any person who > prepares or conspires to commit the crimes stipulated in Section (2) shall be > punishable by imprisonment for a term of not less than 2 years. >
Article 7: Praise, Encouragement, Etc. (1) Any person who, with the > knowledge that such action threatens the nations existence and security and the > order of liberal democracy, praises, encourages, advertises or supports the > activities of an Anti-state Organization or its members, or advertises or > advocates a rebellion against the State shall be punishable by imprisonment for > a term of not exceeding 7 years. (2) Deleted.(3) Any person who > organizes an association which purports to commit the acts as stipulated in > section (1) or participates in such association, shall be punishable by > imprisonment for a term not less than 1 year(4) Any person who, as a member > of the association as mentioned in Section (3), has fabricated or disseminated > false facts or transmitted fabricated facts concerning such matters which will > likely cause social disorder shall be punishable by imprisonment for a term of > not less than 2 years. (5) Any person who, for the purpose of committing the > acts as stipulated in Sections (1), (3) and (4), has produced, imported, > duplicated, kept in custody, transported, disseminated, sold or acquired > documents, drawings and any other similar means of expression shall be punished > as prescribed in each applicable Section. (6) Any person who attempts to > commit the crimes as stipulated in Section (1) and Sections (3) through (5) > shall be punished. (7) Any person who prepares or conspires to commit the > crimes as stipulated in Section (3) shall be punishable by imprisonment for a > term of not exceeding 5 years. >
Article 8: Meetings, Communication, Etc. (1) Any person who, with the > knowledge that such action threatens the nations existence and security and the > order of liberal democracy, has met with or has established liaison with, by > communication or any other means, a member of an Anti-state Organization or a > person who has been under instruction from such organization, shall be > punishable by imprisonment for a term of not exceeding 10 years. (2) > Deleted. (3) Any person who attempts to commit the crimes defined in Section > (1) shall be punished. (4) Deleted. >
Article 9: Providing Convenience(1) Any person who has provided firearms, > ammunition, gunpowder, or any weapon, with the knowledge that the person to whom > such weapon is provided has committed or intends to commit the crimes stipulated > in Articles 3 through 8 of this Law shall be Punishable by imprisonment for a > term of not less than 5 years. (2) Any person who has provided money, > materials or any other benefits in terms of property, or has furnished a place > of hiding, meeting, communication, or liaison or has provided convenience is > offered has committed or intends to commit the crimes stipulated in Articles > through 8 of this Law, shall be punishable by imprisonment for a term of not > exceeding 10 years. Provided, however, that if the above-mentioned person has a > family relationship with the offender of the stipulated crime, the punishment > hereunder may be either mitigated or remitted. >
Article 10: Failure to ReportAny person who, possessing knowledge of a > person who has committed one of the crimes as set forth in Articles 3 and 4, and > Sections (1) and (3) of Article 5, has failed to report the matter to an > investigation or intelligence authority, shall be punishable by imprisonment of > a term of not exceeding 5 years or a fine not exceeding two million Won. > Provided, however, that if the above-mentioned person has a family relationship > with the offender of the stipulated crime, the punishment hereunder may be > either mitigated or remitted. >
Article 11: Desertion of Special DutiesAny public official, charged with > a duty to investigate crimes or gather intelligence, who has deserted his duty > with the knowledge that a person under investigation has committed the crime > prescribed in this Law, shall be punishable by imprisonment for a term of not > exceeding 10 years. Provided, however, that if the aforesaid person has a family > relationship with the offender of the stipulated crime, the punishment may be > either mitigated or remitted. >
Article 12: False Accusation and Fabrication(1) Any person who has made > false accusations or committed perjury or fabricated evidence of guilt or > destroyed or concealed evidence of innocence with respect to the crimes as set > forth in this Law for the purpose of producing criminal charges against another > person, shall be punished by the same penalty as stipulated in the corresponding > Article.(2) In case a public official who takes in charge of criminal > investigation or intelligence or any other person who assists or direct such > work, has committee such acts as stipulated in Section (1) by abusing his > official power, he shall be punished by the same penalty as set forth in Section > (1). (3) Provided, however, that the minimum penalty shall be imprisonment > for a term of 2 years, if it the minimum penalty thereunder is imprisonment for > a term of 2 years. >
Article 13: Special Aggravated PenaltyIf a person having committed and > been convicted of the crime stipulated in this Law, Article 13 or 15 of the > Military Penal Act, Rebellion Chapter I or foreign Aggression Chapter II of Part > 2 of the Criminal Code, commits again the crime stipulated in Article 3, > Paragraph 1. Item 3, Paragraphs 2 through 5, Article 4, Paragraph 1, Item 1 > (however, only limited to the crime stipulated in Article 94, Paragraph 2, > Articles 97 through 99), Article 4, Paragraph 1, Items 5 and 6, Article 4, > Paragraphs 2 through 4, Article 5, Article 6, Paragraphs 1, 4 through 6, > Articles 7 through 9 in the course of execution of punishment or within five > years after the termination of the execution of punishment or after the final > decision not to be executed the punishment, the maximum penalty applicable to > such crime shall be the capital punishment. >
Article 14: Suspension of QualificationIn cases where the sentence to be > imposed is imprisonment with respect to the crimes as set forth in this Law, > suspension of qualification for a term not exceeding the maximum term of the > imprisonment may be imposed concurrently. >
Article 15: Confiscation and Forfeiture(1) If a person, having committed > one of the crime as set forth in this Law, has received any benefit, such > benefit shall be confiscated such benefit, a sum equivalent thereto shall be > forfeited. However, if it is impossible to confiscate such benefit, a sum > equivalent to confiscate such benefit, a sum equivalent thereto shall be > forfeited. (2) In cases where no indictment has been made against the > offender of the crime stipulated in the Law, the public persecutor may order the > seized property either to be destroyed or to be reverted to the National > Treasury. >
Article 16: Mitigation of Penalty For any person coming under one of the > following Sections, the prescribed punishment shall be either mitigated or > remitted:(1) Any person who surrenders oneself after having committed the > crime stipulated in the present Act;(2) Any person who informs the > authorities on another person who has committed a crime stipulated in the Law or > interferes with commitment of the crimes under this Law after having himself > committed the crime stipulated in the present Act. (3) Deleted. >
Article 17: Exclusion of Application of Another ActThe provision of > Article 9 of the Labor Dispute Adjustment Law shall not apply to the person who > has committed the crimes as set forth in this Act. >
Article 18: Production and Detention of Witness(1) Any person who, > without justification, fails to appear as a witness to a crime as stipulated in > this Law twice or more times after having been served with summons from a public > prosecutor or a judicial police official, may be produced after securing a > warrant of detention from a judge of the court having jurisdiction. (2) In > the event a warrant of detention is issued to produce a witness, such witness > may be temporarily detained in a nearby police station or another proper place, > if necessary. >
Article 19: Extension of the Detention Period(1) If a judge of a district > court recognized that there is a valid reason to continue investigation of the > crimes which fall under Articles 3 through 10, he may, upon an application by a > public prosecutor who received a request for an extension by a judicial police > officer, authorize a single extension of the period of detention as stipulated > in Article 202 of the Code of Criminal Procedure. (2) A judge of a district > court, upon determining that there is a valid reason to continue the > investigation of the crimes as set forth in Section (1), may, upon an > application by a public prosecutor, authorize extension of the detention period > as stipulated in Article 203 of the Code of Criminal Procedure. Such extension, > however, shall be limited to only two times. (3) The extension of the period > stipulated in Sections (1) and (2) shall not exceed 10 days. >
Article 20: Deferment of Public Prosecution(1) A public prosecutor may > defer public prosecution against a person who has committed a crime stipulated > in this Law upon consideration of the circumstances stipulated in Article 51 of > the Criminal Code. (2) A person against whom public prosecution has been > deferred in accordance with the provision of Section (1) may not be indicted if > 2 years has elapsed without institution of any public prosecution against him. > (3) If a person against whom public prosecution has been deferred violates > regulations governing surveillance or guidance as stipulated by the Minister of > Justice, deferment of public prosecution against him may be canceled. (4) In > cases where the deferment of public prosecution has been canceled according to > the provision of Section (3), the person concerned may be detained for the > identical rime, regardless the provision of Article 208 of the Code of Criminal > Procedure. >
Article 21: Monetary Award(1) Any person who has informed an > investigation or intelligence agency of a person who has committed any crime > stipulated in this Law or has committed any crime stipulated in this Law or has > arrested such person shall be given monetary award as stipulated by a > Presidential Decree. (2) Monetary award under Section (1) shall apply to > those personnel working for an investigation or intelligence agency who has > recognized and arrested a person who has committed any crime stipulated in this > Act. (3) A monetary award may be given in accordance with the provision of > Section (1) to a person who has inevitably killed the offender or has forced the > offender to commit suicide because of the offenders resistance or fighting > against him when he was trying to arrest the offender. >
Article 22: Reward for Service(1) If the property is seized under the > foregoing Article, a reward for services, valued at one-half of the value of the > seized property, may be awarded in those cases where monetary reward is > given.(2) A reward for services corresponding to one half of the value of > the money or goods may be awarded to any person who turns over to the > investigative or intelligence authorities the money or materials received from > an Anti-state Organization or its member. The same shall apply in cases where a > member of an Anti-state Organization turned over the aforesaid money or goods. > (3) The necessary matters concerning the request for and payment of the > reward for services hereunder shall be provided for by Presidential Decree. >
Article 23: ReliefBereaved family of the person injured or killed in the > course of informing an investigation or intelligence agency or arresting the > offender who has committed any crime stipulated in this Law may be put in the > list of the people subject to relief under the Military Relief and Compensation > Act. >
Article 24: Committee to Screen Persons of Meritorious Service for National > Security(1) In order to examine and decide payment of the prize and reward > for services stipulated in this Law and the persons subject to relief mentioned > in Article 23, a Committee to Screen Persons of Meritorious Service for National > Security activities (hereinafter referred to as the Committee) shall be > established. (2) The Committee may, if necessary for its deliberation, > summon or investigate the person concerned, and demand the government agency and > other public and private organizations for its report on the necessary matters > concerned. (3) Necessary matters concerning organization and operation of > the Committee shall be determined by a Presidential Decree. >
Article 25: Mutatis Mutandiis Application to Persons who are Subject to the > Military LawIn cases where a person who has committed a crime provided for > in this Law is also charged under one of the sub-sections of Section (1) of > Article 2 of Military Court Act, the Judge, the public prosecutor, and the > Judicial police officer in proceeding under this Law shall be construed as > corresponding personnel in the Military Court and shall be construed to mean the > military judicial police officer. >
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