Criminal Law

Part 1: Crimes against personal interests

Chapter 1: Sins against Life and Body
Section 1. The Crime of Murder 5
[1] General information/ 5 [2] Murder/ 5 [3] Murder/ 11
[4] Murder by consent/ 13 [5] Assistance in instigation of suicide/ 15
[6] Murder by the power of authority/ 18 [7] Conspiracy to commit murder/ 19
Section 2: Crimes of assault and battery 20
[1] General information/ 20 [2] Assault/ 21 [3] Continuous assault/ 27
[4] Serious bodily harm/ 27 [5] Persistent serious bodily harm/ 29 [6] Special bodily harm/ 29
[7] Assault resulting in death/ 30 [8] Special provisions for simultaneous assault/ 31
[9] Assault/ 31 [10] Persistent assault/ 36 [11] Special assault/ 36
[12] Assault resulting in death/ 42 [13] Habitual assault resulting in bodily harm/ 43
Section 3: Crime of Negligent Homicide 45
[1] General information/ 45 [2] Negligent homicide/ 46 [3] Negligent homicide/ 46
[4] Negligence resulting in death due to occupational negligence/ 47
Section 4: The Sin of Abortion 59
[1] General information/ 59 [2] Self-abortion/ 61 [3] Consent abortion/ 61
[4] Abortion without consent in the course of business/ 62 [5] Abortion without consent/ 63 [6] Abortion resulting in death/ 64
Section 5: The Sins of Abandonment and Abuse 65
[1] General information/ 65 [2] Abandonment crime/ 66 [3] Abandonment crime/ 70
[4] Abandonment of a child/ 70 [5] Abuse/ 71 [6] Abuse of a child/ 73
[7] Child abuse crime/ 73 [8] Abandonment resulting in death/ 74

Chapter 2
crime against freedom
Section 1. Crime of Intimidation 76
[1] Total / 76 [2] Intimidation / 77 [3] Intimidation of others / 86
[4] Special intimidation crime/ 86 [5] Habitual intimidation crime/ 87 ※ Stalking crime/ 87
Section 2: The Crime of Coercion 89
[1] General information/ 89 [2] Coercion/ 89 [3] Special coercion/ 95 [4] Aggravated coercion/ 96
[5] Hostage-taking crime / 96 [6] Hostage-taking resulting in bodily harm / 98 [7] Hostage-taking resulting in bodily harm / 98
Section 3: Crimes of Arrest and Imprisonment 99
[1] General information/ 99 [2] Arrest and detention crime/ 99 [3] Persistent arrest and detention crime/ 106
[4] Aggravated arrest and confinement, continued arrest and confinement/ 107 [5] Special arrest and confinement/ 108
[6] Habitual Arrest and Detention/ 108 [7] Arrest and Detention resulting in Death/ 108
Section 4: Crimes of Kidnapping and Human Trafficking 110
[1] General information/ 110 [2] Abduction and enticement of minors/ 111
[3] Adultery, rape, marriage, kidnapping for profit, and enticement/ 117
[4] Crimes of abduction for the purpose of labor exploitation, prostitution, and sexual exploitation and organ harvesting/ 120
[5] Kidnapping for the purpose of overseas transfer / 120 [6] Kidnapping of the victim overseas / 121
[7] Human trafficking/ 122 [8] Sexual assault, adultery, and profit-making human trafficking/ 123
[9] Crimes of labor exploitation, prostitution, and sexual exploitation, including organ harvesting/ 123
[10] Crime of human trafficking for the purpose of overseas transport/ 124 [11] Crime of overseas transport of trafficked persons/ 124
[12] Crime of causing bodily harm by kidnapping, trafficking, or transporting a person/ 124
[13] Murder and homicide by kidnapping and trafficking victims/ 125
[14] Crime of concealing the receipt of money from a person who has been trafficked/ 125
[15] Crime of kidnapping, enticement, trafficking, and transportation for the purpose of transporting/ 126
Section 5: Crimes of Rape and Assault 127
[1] Total / 127 [2] Rape / 128 [3] Quasi-rape / 133
[4] Forcible molestation/ 135 [5] Quasi-rape/ Quasi-forcible molestation/ 141
[6] Statutory rape of a minor/ 145
[7] Rape resulting in bodily harm, rape resulting in murder/ 147
[8] Adultery with a Minor of Weak Mind/ 151
[9] Adultery with a Detainee/ 154 [10] Adultery with a Detainee/ 156 [11] Habitual Offender/ 157

Chapter 3
Crimes against honor and credit
Section 1: Crimes against Honor 162
[1] General information/ 162 [2] Defamation/ 163 [3] Defamation of the deceased/ 185
[4] Defamation by publication/ 186 [5] Insult/ 192
Section 2 Crimes Concerning Credit Business and Auctions 198
[1] General information/ 198 [2] Defamation of credit/ 198 [3] Obstruction of business/ 201
[4] Computer Obstruction Crime/ 221 [5] Auction Bidding Obstruction Crime/ 225

Chapter 4
Crimes against the peace of private life
Section 1. Crime of Violation of Secrets 229
[1] General information/ 229 [2] Violation of confidentiality/ 230 [3] Disclosure of business secrets/ 234
Section 2: Crime of Trespassing 238
[1] Total / 238 [2] Home invasion / 239 [3] Refusal to vacate / 256
[4] Special Residential Invasion/ 258 [5] Residential Body Search/ 258

Chapter 5
crimes against property
Section 1: Basic Concepts of Property Crimes 260
[1] Classification of property crimes/ 260 [2] Objects of property crimes/ 261 [3] Possession under criminal law/ 269
[4] Intention to illegally gain wealth/ 279 [5] Relative mourning rituals/ 291
Section 2 The Crime of Theft 299
[1] Total / 299 [2] Theft / 300 [3] Nighttime home invasion theft / 311
[4] Special theft/ 314 [5] Unlawful use of automobiles, etc./ 319 [6] Habitual theft/ 322
Section 3: The Crime of Robbery 324
[1] Total / 324 [2] Robbery / 325 [3] Special Robbery / 335
[4] Attempted robbery/ 338 [5] Hostage robbery/ 348 [6] Robbery resulting in bodily harm/ 350
[7] Robbery and Murder/ 354 [8] Robbery and Rape/ 356
[9] Maritime robbery, maritime robbery resulting in bodily harm, murder, and rape/ 360
[10] Habitual Robbery/ 361 [11] Conspiracy to Commmit Robbery/ 362
Section 4: Fraud 363
[1] General information/ 363 [2] Fraud/ 364 [3] Fraud through use of computers, etc./ 412
[4] Credit card-related crimes/ 417 [5] Quasi-fraud/ 428 [6] Misuse of convenience facilities/ 429
[7] Unjust enrichment crime/ 431 [8] Habitual fraud crime/ 433
Section 5: Crime of Extortion 434
[1] General information/ 434 [2] Extortion/ 435
[3] Special extortion/ 444 [4] Habitual extortion/ 444
Section 6: Embezzlement 445
[1] General information/ 445 [2] Embezzlement/ 446
[3] Embezzlement in the course of business/ 490 [4] Embezzlement of lost property/ 491
Section 7: The Crime of Breach of Trust 493
[1] General Provisions/ 493 [2] Breach of Trust/ 495 [3] Breach of Trust in the Performance of Duties/ 535
[4] Breach of trust/ 535 [5] Breach of trust/ 544
Section 8: The Crime of Stolen Property 547
[1] Total / 547 [2] Theft / 557
[3] Habitual theft/ 565 [4] Negligence in professional conduct resulting in theft/ 566
Section 9: The Sin of Destruction 567
[1] General information/ 567 [2] Property damage/ 567
[3] Destruction of public buildings/ 577 [4] Destruction resulting in death/ 578
[5] Special damage crime/ 578 [6] Border violation crime/ 578
Article 10: Crimes of Obstructing the Exercise of Rights 582
[1] General Provisions/ 582 [2] Obstruction of Exercise of Rights/ 582 [3] Forcible Seizure of Possession/ 589
[4] Quasi-possession crime/ 590 [5] Obstruction of the exercise of rights/ 591
[6] Crime of evasion of forced execution/ 591

Part 2: Crimes against Social Interests

Chapter 1
Crimes against public safety and tranquility
Section 1. Crimes Harming Public Security 603
[1] General information/ 603 [2] Organized crimes such as criminal groups/ 603 [3] Riot crimes/ 609
[4] Multiple Dissolution Crime/611 [5] Breach of Wartime Airlift Contract/612
[6] Impersonation of a civil servant/ 613
Section 2 Offenses Concerning Explosives 615
[1] General information/ 615 [2] Explosives/ 615 [3] Explosives during wartime/ 617
[4] Incitement to prepare a conspiracy to use explosives/ 618
[5] Manufacture, import, export, and possession of wartime explosives/ 618
Section 3: The Crimes of Arson and Fire 619
[1] General provisions/ 619 [2] Arson of existing structures, etc./ 621
[3] Arson resulting in death of existing buildings, etc. / 626 [4] Arson of public buildings, etc. / 628
[5] Arson of general buildings, etc./ 628 [6] Arson of general objects/ 630 [7] Burning/ 631
[8] Crime of obstructing evolution/ 632 [9] Crime of rupturing explosive materials/ 633
[10] Crime of causing death by detonation of explosive substance/ 633 [11] Crime of discharging gas or electricity/ 634
[12] Gas and electricity discharge crime resulting in death/ 634 [13] Gas and electricity supply obstruction crime/ 634
[14] Crime of obstruction of gas and electricity supply resulting in death/ 634 [15] Crime of conspiracy to commit arson/ 635
[16] Crime of false accusation/ 635 [17] Crime of false accusation due to loss of business/ 635
[18] Crime of negligent rupture of explosive object, etc./ 636
Section 4: Crimes Concerning Days and Repairs 638
[1] General information/ 638 [2] Crimes against existing buildings, etc./ 638
[3] Crime of causing bodily harm to an existing building/ 639 [4] Crime of causing bodily harm to a public building/ 640
[5] General building, etc. daily crime/ 640 [6] Waterproofing obstruction crime/ 640
[7] Negligence/ 641 [8] Conspiracy to commit a crime/ 641 [9] Obstruction of repair/ 642
Section 5: Crime of Obstructing Traffic 644
[1] General provisions/ 644 [2] General traffic obstruction crime/ 644 [3] Traffic obstruction crime involving trains and ships/ 648
[4] Crime of overturning a train, etc./ 649 [5] Crime of obstructing traffic resulting in death/ 650
[6] Negligent obstruction of traffic/ 650 [7] Negligent obstruction of traffic due to professional negligence/ 651

Chapter 2
crimes against public trust
Section 1. Crimes Concerning Currency 653
[1] General Provisions/ 653 [2] Counterfeiting and Forgery of Domestic Currency/ 654
[3] Crime of counterfeiting or altering foreign currency in domestic circulation/ 656 [4] Crime of counterfeiting or altering foreign currency in foreign circulation/ 656
[5] Crime of using counterfeit or altered currency, etc. / 657 [6] Crime of obtaining counterfeit or altered currency / 660
[7] Crime of obtaining counterfeit currency and then using it for designated purposes / 661 [8] Crime of manufacturing, importing, and exporting currency-like goods / 661
[9] Conspiracy to forge or alter currency/ 662
Section 2 Crimes Concerning Securities and Stamps 663
[1] General Provisions/ 663 [2] Forgery and Alteration of Securities/ 663
[3] Forgery and alteration of documents/ 670 [4] Forgery of qualifications for the preparation of securities/ 672
[5] Crime of creating false securities/ 673 [6] Crime of importing and exporting forged securities/ 675
[7] Forgery and alteration of stamps/ 677
[8] Crime of importing and exporting counterfeit or altered stamps/ 677
[9] Crime of obtaining a forged or altered stamp/ 678 ​​[10] Crime of erasing a postmark/ 678
[11] Manufacture and import/export of stamp imitations/ 678 ​​[12] Preparatory conspiracy/ 678
Section 3 Crimes Concerning Documents 679
[1] General Provisions/ 679 [2] Forgery and Alteration of Private Documents/ 691
[3] Crime of forging private documents by impersonating a person's qualifications/ 705 [4] Crime of forging or altering a prior record/ 708
[5] Forgery and alteration of official documents/ 711 [6] Forgery of official documents by false qualifications/ 712
[7] Forgery and alteration of public electronic records/ 713 [8] Forgery and alteration of false medical records/ 714
[9] Crime of forging official documents/ 717 [10] Crime of falsely recording original documents, etc./ 726
[11] Forgery, alteration, fabrication, and use of private documents/ 736 [12] Forgery, alteration, and use of public documents/ 739
[13] Fraudulent use of private documents/ 740 [14] Fraudulent use of public documents/ 741
Section 4: Crimes Concerning Seals 746
[1] General information/ 746 [2] Forgery and misuse of signatures, etc./ 748
[3] Crime of using forged official documents, etc./ 750 [4] Crime of forging and misusing official documents, etc./ 751
[5] Crime of using forged public documents, etc./ 752

Chapter 3
Crimes against public health
Section 1: Sins Concerning Drinking Water 753
[1] General information/ 753 [2] Crime of obstructing the use of drinking water/ 753
[3] Crime of adulterating drinking water with harmful substances/ 754 [4] Crime of obstructing tap water use/ 755
[5] Crime of adulterating tap water with harmful substances/ 756 [6] Crime of causing death by adulterating drinking water/ 756
[7] Water supply failure crime/ 756
Section 2 Crimes Concerning Opium 758
[1] General information/ 758 [2] Opium smoking crime/ 758 [3] Providing a place for opium smoking crime/ 759
[4] Crime of manufacturing, importing, selling, and possessing for the purpose of selling opium, etc. / 760
[5] Crime of manufacturing, importing, selling, and possessing for the purpose of selling opium inhalers/760
[6] Customs officials' crime of allowing the import of opium, etc./761
[7] Habitual opium smoking, manufacturing, importing, and selling crime / 761 [8] Possession of opium, etc. / 761

Chapter 4
crime against social morality
Section 1: Crimes Concerning Sexual Morality 762
[1] General information/ 762 [2] Fornication/ 762
[3] Crime of distribution, sale, rental, performance, and exhibition of negative images/ 764
[4] Import and export crime of manufacturing facilities for negative images, etc. / 768 [5] Public obscenity crime / 769
Section 2: Offenses Concerning Gambling and Lottery 773
[1] General information/ 773 [2] Gambling crime/ 773 [3] Habitual gambling crime/ 777
[4] Crime of opening a gambling establishment, etc. / 778 [5] Crime of acquiring lottery ticket sales through brokerage / 780
Section 3: Sins Concerning Faith 782
[1] General provisions/ 782 [2] Crimes of obstructing funerals, etc./ 782
[3] Crime of insulting a corpse, etc./ 784 [4] Crime of excavating a grave/ 785
[5] Crime of obtaining, destroying, abandoning, concealing, or obtaining a corpse, etc. / 787 [6] Crime of obstructing the autopsy of a dead body / 789

Part 3 Crimes against National Interests

Chapter 1
crimes against the existence and authority of the state
Section 1: The Crime of Rebellion 793
[1] General information/ 793 [2] Rebellion/ 794 [3] Murder for the purpose of rebellion/ 798
[4] Crime of inciting and propagating conspiracy to commit rebellion/ 799
Section 2: Crimes of Foreign Exchange 801
[1] General Provisions/ 801 [2] Foreign Exchange Attraction Crime/ 801 [3] Treasury Crime/ 802
[4] Crime of conscription/ 803 [5] Crime of provision of facilities/ 803
[6] Crime of treason by destroying facilities/ 803 [7] Crime of treason by providing goods/ 803
[8] General treason/ 803 [9] Espionage/ 804
[10] Crime of non-performance of military supply contract during wartime / 809 [11] Crime of propaganda of conspiracy to incite foreign exchange / 809
Section 3 Crimes Concerning the National Flag 810
[1] General information/ 810 [2] National flag insult crime/ 810
[3] National flag defamation/811
Section 4: Crimes Concerning Religion 812
[1] General information/ 812 [2] Crimes such as assault on foreign heads of state/ 813
[3] Crimes of assaulting foreign envoys, etc. / 813 [4] Crimes of insulting the flag of a foreign country / 814
[5] Crimes against foreign countries/ 814 [6] Crimes against neutrality order/ 815
[7] Leakage of diplomatic secrets/ 815

Chapter 2
crimes against the function of the state
Section 1. Crimes related to public officials' duties 817
[1] General Provisions/ 817 [2] Dereliction of Duty/ 819 [3] Publication of Facts of Suspect/ 826
[4] Leakage of official secrets/ 827 [5] Abuse of power/ 831
[6] Illegal arrest and detention/ 839 [7] Assault and cruel acts/ 840
[8] Election Obstruction/ 841 [9] General Theory of Bribery/ 842
[10] Bribery/ 858 [11] Prior bribery/ 866
[12] Third-party bribery crime / 868 [13] Corruption after bribery crime / 872
[14] Post-Act Bribery Crime/ 873 [15] Post-Act Bribery Crime/ 874
[16] Brokerage bribery crime/ 875 [17] Bribery crime/ 878
Section 2 Crimes Concerning Obstruction of Official Duties 882
[1] General Provisions/ 882 [2] Obstruction of Official Duties/ 882
[3] Crime of forcing resignation from office/ 898 [4] Crime of obstruction of official duties by hierarchy/ 900
[5] Insulting the Speaker of the National Assembly / 910 [6] Obstruction of Human Rights Advocacy / 911
[7] Crime of invalidation of official seals, etc./ 913 [8] Crime of violation of official secrets/ 918
[9] Crime of Violation of the Effectiveness of Real Estate Enforcement / 919 [10] Crime of Invalidity of Public Documents, etc. / 920
[11] Crime of destruction of public property/ 924 [12] Crime of invalidation of official storage/ 925
[13] Special obstruction of public duties Special obstruction of public duties resulting in death/926
Section 3: The Crimes of Escape and Concealment of the Criminal 929
[1] General information/ 929 [2] Escape crime/ 929 [3] Violation of assembly order/ 931
[4] Special escape crime/ 932 [5] Aiding escape crime/ 934
[6] Aiding and Abetting a Prisoner's Escape/ 935 [7] Concealing a Criminal/ 935
Section 4: The Crimes of Perjury and Destruction of Evidence 948
[1] General information/ 948 [2] Perjury/ 948 [3] Fraudulent perjury/ 960
[4] False interpretation and translation crime/ 960 [5] Destruction of evidence crime/ 961
[6] Witness Concealment and Escape Crime/ 968 [7] Fraudulent Evidence Destruction Crime/ 969
Section 5: The Crime of False Accusation 970
[1] Total / 970 [2] False accusation / 970

[Case Index] 985
[Item Index] 1005

About the 2025 edition of the Criminal Law

The aims of the Criminal Law Theory as a basic textbook on criminal law are firstly to serve as a basic textbook on theory, secondly as a basic textbook on case law, and thirdly as a basic textbook on cases.

1.
Systematic organization of basic criminal law theories

If you start studying criminal law, the first thing you must understand is “criminal law theory.”
This is like a “basic formula” in mathematics.
Just as you cannot solve a problem without knowing the formula, it is difficult to understand “case law” and, furthermore, you cannot solve “case-based problems” or “actual cases” without knowing the basic theory of criminal law.
This book has been consistently supplemented and supplemented with necessary theories based on analysis of past exam questions over a long period of time, making it a perfect basic textbook on the essential theories of criminal law.
In the 2025 edition, the explanation on kinship etiquette was revised and supplemented in accordance with Constitutional Decision 2020 Heonma 468, and sections on stalking crimes and child abuse were also added.

2.
Systematic organization of case law

This book organizes the case law that can be tested in a clear manner according to the theoretical system of criminal law, eliminating the need to refer to a separate case law textbook.
In particular, case law from the past five years has been marked as recent to effectively prepare for the high proportion of recent case law questions. Case law that appears similar but is different has been organized for comparison to avoid confusion.
Additionally, for the same issue, “positive precedents” and “negative precedents” were divided and organized.
The latest case law is included up to the case law bulletin dated December 1, 2024.
And all of the “standard precedents” selected and announced by the Council of Law Schools were reflected and marked as standard.

3.
Systematic organization of case studies

To help you understand the trends in case-based questions and learn how to write answers, we have selected and included 133 of the most standard questions by topic from the bar exam from 2012 to 2024, the bar exam since 2001, and the 5th-grade civil service exam from 2011 to 2024.
The commentary presents the framework of the answer in accordance with the basic format of case-based problem solving: “problem statement, academic precedent and conclusion, problem resolution.”
Also, since case-based questions are frequently asked in the recent police and prosecutorial examinations, I believe that making good use of the case studies included in this book will be of great help in getting a good score.

I sincerely hope that the 2025 edition of Criminal Law Essentials will be of some help to you, the readers, in achieving your goals.

December 10, 2024
Shin Ho-jin, Doctor of Law