National Security
Law
- Chapter 1: General Provisions(Article 1 ~ Article 2)
- Chapter 2: Crime and Punishment(Article 3 ~ Article 17)
- Chapter 3: Special Criminal Procedure(Article 18 ~ Article 20)
- Chapter 4: Reward and Relief(Article 21 ~ Article 25)
Chapter 1: General Provisions
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.
Chapter 2: Crime and Punishment
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 Report
Any 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 Duties
Any 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 Penalty
If 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 Qualification
In 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 Act
The 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.
Chapter3: Special Provisions Governing Criminal Procedure
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.
Chapter 4: Reward and Relief
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: Relief
Bereaved 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 Law
In 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.