Republic of Korea

1. CRIMINAL LAW

Article 141 (Invalidity of Public Documents, etc. and Destruction of Public Goods)
(1) A person who damages or conceals documents or other goods, or special media records, such as electromagnetic records, etc., used by public offices, or spoils its utility by other methods, shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding 10 million won.
Amended by Act No. 5057, Dec. 29, 1995

Article 227-2 (False Preparation or Alteration of Public Electromagnetic Records)
A person with the intention of disrupting business falsely or alters electromagnetic documents of public official or public office shall be punished by imprisonment with prison labor not more than 10 years.
This Article Wholly Amended by Act No. 5057. Dec. 29,1995

Article 232-2 (Falsification or Alteration of Private Electromagnetic Records)
A person who falsifies or alters, with the intention of making any error in the management of affairs, any special media records, such as another person's electromagnetic records concerning any years, shall be punished by imprisonment with prison labor for not more than 5 years, or a fine not exceeding 10 million won.
This Article Wholly Amended by Act No. 5057. Dec. 29,1995

Article 316 (Violation of Secrecy)
(1) A person who opens a sealed or other secretly composed letter, document, or drawing shall be punished by imprisonment with or without labor for not more than 3 years or by a fine not exceeding 5 million won.
Amended by Act No. 5057. Dec. 29,1995

(2) Any person who detects the contents of another person’s sealed or secretly designed letter, document, drawing, picture, or special media records, such as electromagnetic records, using any technical means, shall be subject to the same punishment referred to in paragraph (1).
Newly Inserted by Act No. 5057. Dec. 29,1995

Article 347-2 (Fraud by The Use of Computer, etc.)
Any person who acquires any benefits to property or has a third person acquire them, by making any data processed after inputting a false information or improper order, or inputting or altering the data without any authority into the data processor, such as computer, etc., shall be punished by imprisonment with prison labor for not more than 10 years, or a fine not exceeding 20 million won.
This Article Wholly Amended by Act No. 5057. Dec. 29,1995

Article 366 (Destruction and Damage, etc. of Property)
A person who, by destroying, damaging, or concealing another's property document or special media records, such as electromagnetic records, etc., or by any other means, reduces their utility, shall be punished by imprisonment with prison labor for not more than 3 years or a fine not exceeding 7 million won.
Amended by Act No. 5057. Dec. 29,1995

 

2. ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC.

CHAPTER VI Stability of the Information and Communications Network

Article 48 (Prohibition on Act of Infiltrating into Information and Communications Networks, etc.)
(1) Any person shall be prohibited from infiltrating into information and communications networks without any justifiable access right or beyond his/her permitted access right.
(2) Any person shall be prohibited from transmitting or distributing any program (hereinafter referred to as a "malicious program") that may damage, disrupt, and destroy the information and communications system, alter and forge the data or programs, etc., or hinder the operation thereof without any justifiable reasons.

(3) Any person shall be prohibited from sending a large volume of signals or data for the purpose of hindering the stable operation of information and communications networks or from causing troubles in information and communications networks using the method of getting unfair instructions processed.

Article 49 (Protection of Secrets, etc.)
Any person shall be prohibited from damaging the information of other persons or from infringing, stealing or leaking the secrets of other persons, which are processed, stored or transmitted by information and communications networks.

CHAPTER IX PENAL PROVISIONS

Article 61 (Penal Provisions)
(1) Any person who has defamed any other person by alleging openly facts through information and communications network with the purpose of slandering him/her shall be punished by imprisonment with or without prison labor for not more than 3 years or by a fine not exceeding 20 million won.
(2) Any person who has defamed any other person by alleging openly false facts through information and communications network with the purpose of slandering him/her shall be punished by imprisonment with prison labor for not more than 7 years or the suspension of disqualification for not more than 10 years, or by a fine not exceeding 50 million won.

Article 62 (Penal Provision)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than 5 years or by a fine not exceeding 50 million won.
(1) A person who has utilized the personal information or provided it to any third person beyond the scope of the notification or the limit specified in a standardized contract under Article 22 (2) in contravention of Article 24 (1) (including a case where the provisions are applied mutatis mutandis in Article 58);
(2) A person who has utilized the personal information of users for other purpose than the purpose for which such personal information has been provided or provided such personal information to any other person in contravention of Article 24 (2) (including a case where the provisions are applied mutatis mutandis in Article 58);
(3) A person who has damaged, infringed or leaked the personal information of users in contravention of Article 24 (4) (including a case where the provisions are applied mutatis mutandis in Article 58);

(4) A person who has transmitted or distributed malicious programs in contravention of Article 48 (2);
(5) A person who has caused troubles in information and communications networks in contravention of Article 48 (3); and
(6) A person who has damaged the information of any other person, or infringed, stolen or leaked the secrets of any other person in contravention of Article 49.

Article 63 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with the prison labor for not more than 3 years or by a fine not exceeding 30 million won;

(1) A person who has infiltrated information and communications networks in contravention of Article 48 (1); and
(2) A person who has leaked the secrets to any other person, which he/she has learned while performing his duties, or utilized such secrets for other purpose than the purpose of his/her duties in contravention of Article 57.

Article 65 (Penal Provisions)
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than 1 year or by a fine not exceeding 10 million won;
(2) A person who has put any label or similar one on goods or sold such goods bearing such label or displayed such goods for the purpose of selling them in contravention of Article 8 (4);
(3) A person who has distributed, sold, rented, or openly displayed lascivious codes, letters, sounds, visuals, or films through information and communications networks; and
(4) A person who has repeatedly sent words, sounds, letters, visuals, or films inciting fears and uneasiness to any other person through information and communications networks.

 

3. INFORMATION INFRASTRUCTURE PROTECTION ACT

Article 28
Any person who disrupts, paralyzes, or destroys a Critical Information Infrastructure will be shall be punished by imprisonment with prison labor for not more than 10 year or by a fine not exceeding 100 million won.