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  • 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.


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    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.


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    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.


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    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.

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