「CRIMINAL ACT」
2. A person who participates in or commands a plot, or engages in other essential activities
shall be punished by death or imprisonment with or without labor, for an indefinite term
or for at least five years; the same shall also apply to a person who commits acts of
killing, wounding, destroying, or plundering;
3. A person who merely responds to the agitation and follows the lead of another or
merely joins in the violence shall be punished by imprisonment with or without labor for
not more than five years.
[This Article Wholly Amended on Dec. 8, 2020]
Article 88 (Homicide for Purpose of Insurrection) A person who kills another for the purpose
of excluding national power from all or part of the territory of the Republic of Korea or
subverting the Constitution shall be punished by death or imprisonment with or without
labor for an indefinite term.
[This Article Wholly Amended on Dec. 8, 2020]
Article 89 (Attempts) Attempts to commit the crimes specified in the preceding two Articles
shall be punished.
Article 90 (Preparations, Conspiracies, Agitation, or Propaganda) (1) Anyone who prepares or
conspires with intent to commit the crimes of Article 87 or 88 shall be punished by
imprisonment with or without labor for at least three years, but when he or she denounces
himself or herself before the intended crime is committed, the punishment shall be
mitigated or remitted.
(2) The preceding paragraph shall apply to a person who agitates or propagates the crimes
specified in Article 87 or 88.
Article 91 (Definition of Subverting Constitution) The purpose of subverting the Constitution
in this Chapter shall mean those acts which fall within any one of the following
subparagraphs:
1. To extinguish the function of the Constitution or Acts without observing the procedure
provided by the Constitution or Acts;
2. To overthrow government organs established by the Constitution or to make render the
exercise of their functions impossible by force.
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