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Criminal penalties in South Korea

Checked in October 2026 against the Criminal Act (형법), in force 2 October 2026 (read in Korean at law.go.kr); Road Traffic Act, in force 1 July 2026.

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.

How South Korea sets penalties

  • The Criminal Act's list of punishments is: death, imprisonment with labour, imprisonment without labour, loss of qualifications, suspension of qualifications, fine, detention, minor fine and confiscation (Art. 41).
  • Imprisonment is either for life or for a term. A term is from 1 month to 30 years, and up to 50 years where the sentence is aggravated (Art. 42). Where a provision says 'at least three years', the range therefore runs from 3 to 30 years.
  • A fine is at least 50,000 won, unless reduced (Art. 45). Where an article gives no fine, none is shown.
  • Many articles state only a maximum. Others state a minimum ('at least three years'). The court may go below a stated minimum only through the general rules on mitigation, which this table does not cover.
  • South Korea has no degrees of murder. Murder is a single offence (Art. 250), with a heavier range where the victim is the offender's or the spouse's lineal ascendant.
  • This table covers the Criminal Act and, for drink driving, the Road Traffic Act. Special Acts (on violent crimes, sexual violence, theft by repeat offenders and others) add heavier penalties in some cases and are not shown.

Death penalty: Yes, on the face of the code. The Criminal Act lists death first among the punishments (Art. 41) and keeps it for murder (Art. 250), for robbery-murder (Art. 338) and for arson of an occupied building that causes death (Art. 164(2)). Whether sentences are carried out is not something the code says, and this table does not cover it.

Read the South Korea legal-system profile in the Legal Families Atlas →

First-degree murder

Death, life imprisonment, or a term of at least 5 years

  • Murder (Offence)

    Least
    5 years (the alternatives are death or life imprisonment)
    Most
    Death

    The punishments are death, imprisonment for life, or imprisonment for a term of at least five years.

    Criminal Act (South Korea), Art. 250(1)

  • Murder of the offender's own or the spouse's lineal ascendant (Offence)

    Least
    7 years (the alternatives are death or life imprisonment)
    Most
    Death

    The punishments are death, imprisonment for life, or imprisonment for a term of at least seven years.

    Criminal Act (South Korea), Art. 250(2)

South Korea has no degrees of murder. Art. 250 is the only general murder offence.

Voluntary manslaughter

At least 3 years (up to 30 years); life or at least 5 years where the victim is a lineal ascendant

  • Death resulting from bodily injury (Offence)

    Least
    3 years
    Most
    30 years (the maximum for a term of imprisonment)

    A term of at least three years.

    Criminal Act (South Korea), Art. 259(1)

  • Death resulting from bodily injury to the offender's own or the spouse's lineal ascendant (Offence)

    Least
    5 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least five years.

    Criminal Act (South Korea), Art. 259(2)

South Korea has no offence called manslaughter. The nearest is death resulting from bodily injury (Art. 259): inflicting bodily injury on a person and thereby causing death.

Robbery

At least 3 years; life or at least 5 years if armed or at night in a dwelling; death or life for robbery-murder

  • Robbery (taking property by violence or threat) (Offence)

    Least
    3 years
    Most
    30 years (the maximum for a term of imprisonment)

    Criminal Act (South Korea), Art. 333

  • Special robbery (committed after entering a dwelling at night, or while carrying a weapon, or by two or more persons together) (Offence)

    Least
    5 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least five years.

    Criminal Act (South Korea), Art. 334

  • Robbery causing injury (Offence)

    Least
    7 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least seven years.

    Criminal Act (South Korea), Art. 337

  • Robbery causing death (Offence)

    Least
    10 years (if death was caused but the robber did not kill)
    Most
    Death

    A robber who kills is punished by death or life imprisonment. A robber who causes death is punished by life imprisonment or a term of at least ten years.

    Criminal Act (South Korea), Art. 338

Burglary

Up to 3 years (trespass into a dwelling) up to 10 years (night-time burglary)

South Korea has no offence called burglary. It is covered by trespass into a dwelling (Art. 319) and by theft committed after entering a dwelling at night or with force or weapons (Arts. 330 and 331).

Arson

Up to 3 years (burning one's own property) up to death (burning an occupied building and causing death)

  • Burning one's own property in a way that endangers the public (Offence)

    Least
    No minimum term set by the statute
    Most
    7 years
    Fine
    Or a fine of up to 10 million won

    Criminal Act (South Korea), Art. 166(2)

  • Burning other property so as to endanger the public (Offence)

    Least
    1 year
    Most
    10 years

    Criminal Act (South Korea), Art. 167(1)

  • Burning a building, train, vehicle, ship or aircraft that is not a dwelling or public property (Offence)

    Least
    2 years
    Most
    30 years (the maximum for a term of imprisonment)

    Criminal Act (South Korea), Art. 166(1)

  • Burning a public building or a building used for the public benefit (Offence)

    Least
    3 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least three years.

    Criminal Act (South Korea), Art. 165

  • Burning a building where people live or are present (Offence)

    Least
    3 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least three years.

    Criminal Act (South Korea), Art. 164(1)

  • Burning a building where people live or are present, causing injury (Offence)

    Least
    5 years
    Most
    Imprisonment for life

    Life imprisonment, or a term of at least five years.

    Criminal Act (South Korea), Art. 164(2)

  • Burning a building where people live or are present, causing death (Offence)

    Least
    7 years (the alternatives are death or life imprisonment)
    Most
    Death

    Death, life imprisonment, or a term of at least seven years.

    Criminal Act (South Korea), Art. 164(2)

Aggravated assault

Up to 5 years (assault with a dangerous object) up to 20 years (special injury causing serious injury)

The nearest offences are special assault (Art. 261: assault while showing the force of a group or carrying a dangerous object), serious bodily injury (Art. 258: danger to life, or permanent disability or an incurable illness) and special injury (Art. 258-2: injury committed while showing the force of a group or carrying a dangerous object).

Rape and sexual assault

At least 3 years (rape); life or at least 5 years if injury is caused

Kidnapping

Up to 10 years (a minor) up to 15 years (for exploitation or an organ)

Embezzlement

Up to 5 years or a fine of up to 15 million won; up to 10 years or a fine of up to 30 million won in the course of business

  • Embezzlement or refusal to return property held for another (Offence)

    Least
    No minimum term set by the statute
    Most
    5 years
    Fine
    Or a fine of up to 15 million won

    Criminal Act (South Korea), Art. 355(1)

  • Embezzlement in breach of a duty owed in the course of business (Offence)

    Least
    No minimum term set by the statute
    Most
    10 years
    Fine
    Or a fine of up to 30 million won

    Criminal Act (South Korea), Art. 356

Forgery

Up to 5 years or a fine of up to 10 million won (private document); up to 10 years (official document)

Drunk driving, first offence

Up to 1 year or 5 million won (blood alcohol 0.03% to under 0.08%) up to 5 years or 20 million won (0.2% or more)

The penalty depends on the blood alcohol concentration. A person convicted of a second drink-driving offence within ten years of a final sentence of a fine or more is punished more heavily (Art. 148-2(1)).

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