Article 1(Purpose) #
The purpose of this Act is to prescribe matters necessary for regulation on the use and transfer of certain conventional weapons including mines, booby traps and other devices so as to implement the Amended Protocol II attached to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
Article 2(Definitions) #
The terms in this Act shall be defined as follows:
1. The term "mine" means an ammunition designed to be exploded upon appearance, access or contact of a person or a vehicle, being mounted under or on the ground, etc.;
2. The term "remotely delivered mine" means a mine which is shot using of a field artillery, guided missile, rocket, mortar or its similar means on the ground or on a warship, etc. to a place of at least 500 meters, or is dropped from an aircraft;
3. The term "antipersonnel mine" means a mine intended to kill or hurt persons by explosion upon appearance, access or contact of persons;
4. The term "booby trap" means a device or object which appears harmless but designed, manufactured or altered to kill or hurt persons by unexpected operation when a person touches or accesses it, or acts in a way he/she deems safe;
5. The term "other device" means an ammunition and device which is directly mounted by a person intending to kill or hurt other persons by means of direct or remote control of the explosive device instantly produced, or automatic operating device after a certain interval of time;
6. The term "transfer" means an act of transferring a mine or the ownership or control of a mine out of the territory of the Republic of Korea or into the territory of the Republic of Korea, with either compensation or for free.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 3(Prohibitions of Use and Transfer) #
No person shall use or transfer a weapon falling under any of the following:
1. A mine, booby trap or other device which is intended to explode due to the magnetic field effect of a mine detection equipment even if a detection agent or the detection equipment does not directly touch such mine, booby trap or other device during detection using a standard mine detection equipment disseminated in the Republic of Korea;
2. An anti-personnel mine which may not be detected by a standards mine detection equipment disseminated in the Republic of Korea, and does not produce any responding signal beyond what is generated by a piece of iron having 8 grams in weight;
3. An antipersonnel mine of a remotely delivered mine which does not have the following requirements:
(a) At least 90 percent of total number of the antipersonnel mines automatically explode within 30 days of shooting or dropping;
(b) At least 99.9 percent of total number of the antipersonnel mines automatically explode or stop functioning within 120 days of shooting or dropping.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 4(Prohibitions on Certain Use Methods) #
No person shall use booby traps or other devices by attaching or combining those to the following persons, objects or places, etc.:
1. Emblems, marks or signs including a military flag, Red Cross emblem, and civil defense emblem, which are protected by the international statutes;
2. Patients, injuries or corpses;
3. Crematoriums, cemeteries or graves;
4. Medical facilities, medical equipment, medical supplies or means of medical transportation;
5. Children's toys and other similar portable items, and specially designed products for feeding, clothing, health, hygiene or education of children;
6. Foods or beverages;
7. Items or appliances for kitchen including tableware located in any place other than military units, military garrisons or military supply facilities;
8. Articles obviously used for religious purposes;
9. Historical monuments which are the cultural and spiritual heritage of humankind, works of art or places for religious worship;
10. Animals or carcass.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 5(Prohibitions on Modified Use) #
No person shall use mines, booby traps or other devices by combining those with other device, etc. to be modified as weapons under subparagraph 1 of Article 3.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 6(Advance Warning, Etc.) #
The head of a military unit which installs mines, booby traps or other devices shall take all necessary measures including advance warning, etc. to prevent the damage to lives, physical or properties of civilians living in the nearby area.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 7(Warning signs and Access Blocking Measures) #
(1) The head of a military unit having installed mines or head of a military unit with jurisdiction over an area which may cause damage to civilians caused by mines (hereinafter referred to as "mine area") shall provide warning signs fulfilling the requirements of attached Table around the area where the mines have been installed or the mine area.
(2) The head of a military unit with jurisdiction over the area installed with antipersonnel mines not remotely delivered mines who have not fulfilled the requirements of the items of subparagraph 3 of Article 3 shall take measures necessary for monitoring and blocking access by means other than warning signs under paragraph (1) in the area where the mines are installed so that civilians do not access the area: Provided, That this shall not apply where the angle of flying debris upon explosion of the antipersonnel mines is at a horizontal angle of 90 degrees or less, the use time of the antipersonnel mines is less than 72 hours, and the installation area adjoins the military unit which has installed the anti-personnel mines.
(3) No person may remove, damage, destroy or conceal the warning signs installed under paragraph (1) or harm the utility thereof by other means.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 8(Record, Maintenance and Security of Information) #
(1) The head of a military unit which has installed mines, booby traps or other devices (hereinafter referred to as "head of a military unit of installation") shall record and maintain the following information regarding the installed area:
1. Specific locations and boundaries of the installed area;
2. Types, quantities an installation methods of installed mines, booby traps or other devices, and shapes and lifetimes of detonators;
3. Separate locations of installed mines (excluding remotely delivered mines), booby traps or other devices.
(2) The head of a military unit of installation shall manage the information to be recorded and maintained under paragraph (1), as prescribed by the Military Secret Protection Act.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 9(Marking of Mine Production Information) #
Any person who manufactures mines shall mark the following on the surface of a mine manufactured, in Korean or English:
1. Country of manufacture;
2. Date of manufacture;
3. Manufacturing serial number.
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]
Article 10(Penalty Provisions) #
(1) Any person who murders or injures other person in utilizing a weapon prohibited from use under Article 3 or in violation of Articles 3 or 5 shall be punished as follows:
1. Any person who murders other person shall be punished by death or imprisonment with labor for an indefinite term or for a term of not less than seven years;
2. Any person who injures other person to be dead shall be punished by imprisonment with labor for a limited term of not less than five years;
3. Any person who injures other person shall be punished by imprisonment with labor for a term of not less than one year or not more than ten years.
(2) Any person who uses or transfers mines, booby traps or other devices in violation of provisions under Articles 3 through 5 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended by Act No. 12564, May 9, 2014>
(3) Any person who removes, damages, destroys or conceals the warning signs or harm the utility thereof by other means in violation of Article 7 (3) shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding 5 million won. <Amended by Act No. 12564, May 9, 2014>
[This Article Wholly Amended by Act No. 10101, Mar. 17, 2010]