South Korea
South Korea has a dedicated counterterrorism law, adopted amid controversy in 2016 and amended two years later. The maximum sentence is the death penalty.
The Definition of Terrorism in Domestic Law
The 2016 Act on Counter-Terrorism for the Protection of Citizens and Public Security (as amended) defines
any of the following conduct carried out for the purpose of impeding the exercise of the authority of the State, a local government, or a foreign government (including a local government of a foreign country and an international organization established in accordance with a treaty or any other international agreement), or for the purpose of causing it to conduct any affair which is not obligatory on it or threatening the public:
(a) Killing a human or posing a risk to a person's life by causing bodily injury or arresting, confining, kidnapping, inducing, or taking hostage of a person;
(b) Any [proscribed] conduct engaged in an aircraft ...:
(c) Any [proscribed] conduct related to a ship ... or a marine structure ...:
(d) Placing, detonating, or using in any other way a biochemical, explosive, or incendiary weapon or device made to cause death, serious injury, or serious material damage or having such power on any of [certain] vehicles or facilities;
(e) Any [proscribed] acts related to nuclear materials ..., radioactive materials ..., or nuclear facilities ...:Art. 2(1), 2016 Terrorism Law (as amended).
Adherence to Global and Regional Terrorism Treaties
South Korea is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
There is no regional treaty on terrorism to which South Korea can adhere.
Laws and Penalties for Terrorist Offences
Article 17 of the 2016 Law concerns the offences of forming terrorist groups. A ringleader is punished by "death or by imprisonment with labour for an indefinite term or for a term of not less than ten years". A person who has an important role such as planning or commanding terrorism is punished by imprisonment with labour for an indefinite term or for a term of not less than seven years. A person who becomes a member of foreign terrorist fighters in a foreign country is punished by imprisonment with labour for a term of not less than five years. Others who join a terrorist group are punished by imprisonment with labour for a term of not less than three years.
A person who supports a terrorist group by raising, arranging, or keeping funds knowing that it is a fund for terrorism or disguising the fact concerning the acquisition and origin of such funds shall be punished by imprisonment with labour for not more than ten years.
Counterterrorism Capacities and Policies at Domestic Level
The 2016 Act was especially controversial owing to the powers granted to the National Intelligence Service (NIS), which has a record of intruding into the lives of political opponents to the regime in power.
Glossary
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