Harboring a Criminal and Instigating the Harboring of a Criminal

What Is the Offense of Harboring a Criminal?

The offense of harboring a criminal—also known as concealing a criminal—refers to the act of hiding or helping to escape a person who has committed a crime punishable by a criminal fine or a heavier penalty. This provision is designed to punish conduct that helps an offender evade the judgment of the law, and its scope ranges from simply providing a hiding place to various forms of assistance aimed at helping the person flee. The offense of harboring a criminal is set out in Article 151 of the Korean Criminal Act, under which a person who helps a criminal escape is liable to imprisonment for up to three years or a criminal fine of up to KRW 5 million.

The elements of the offense of harboring a criminal are as follows. First, the target must be 'a person who has committed a crime punishable by a criminal fine or a heavier penalty.' This means that the offense does not apply in the case of minor crimes. Second, the defendant must have engaged in 'an act of concealing the criminal or helping the criminal escape.' This includes active conduct such as hiding the criminal or providing a place to take refuge. Third, the defendant's conduct must be intentional; concealment or aiding an escape resulting from a mistake or negligence does not qualify.

What Is the Offense of Instigating the Harboring of a Criminal?

The offense of instigating the harboring of a criminal refers to the act of inciting or inducing another person to harbor a criminal. It is set out in Article 152 of the Korean Criminal Act, and a person who instigates the harboring of a criminal is subject to the same punishment as the offense of harboring a criminal itself. The offense of instigating the harboring of a criminal goes one step beyond the offense of harboring a criminal: it is a provision that punishes the act of having a criminal harbored through another person.

The elements of the offense of instigating the harboring of a criminal are as follows. First, the defendant must incite or induce another person to harbor a criminal. This goes beyond mere advice or suggestion to include actively persuading the other person to carry out the harboring of the criminal. Second, the person who received the instigation or inducement must actually carry out the act of harboring the criminal. The act of instigation alone does not constitute the offense; there must be an actual act of harboring. Third, the defendant's conduct must be intentional; an act of instigation resulting from negligence does not qualify.

Punishment for Harboring a Criminal and for Instigating the Harboring of a Criminal

The punishment for harboring a criminal and for instigating the harboring of a criminal follows what is prescribed in the Criminal Act. In the case of harboring a criminal, a person who helps a criminal escape is liable to imprisonment for up to three years or a criminal fine of up to KRW 5 million. The offense of instigating the harboring of a criminal is likewise punishable by imprisonment for up to three years or a criminal fine of up to KRW 5 million. This punishment exists because the act of helping a criminal escape is regarded as a serious crime that obstructs judicial justice.

The severity of the punishment is determined by comprehensively considering factors such as the type of crime committed by the criminal, the degree of the act of harboring, the defendant's criminal record, and the social impact of the crime. For example, the severity of the punishment may differ between harboring a murderer and harboring a simple thief. In addition, a person who repeatedly commits the act of harboring criminals may be subject to aggravated punishment.

Examples of How Harboring a Criminal and Instigating the Harboring of a Criminal Are Applied

There are various examples of how the offenses of harboring a criminal and instigating the harboring of a criminal are applied, and these examples allow for a more concrete understanding of how the two offenses are applied in law.

For example, if A hides a murderer, B, in A's own home and helps B avoid a police investigation, A will be punished for the offense of harboring a criminal. If A persuades C to hide B, and C actually hides B, then A will be punished for the offense of instigating the harboring of a criminal.

As another example, if a company's whistleblower exposes corruption and the company's executives then hide the whistleblower so that he can avoid legal proceedings, the executives may be punished for the offense of harboring a criminal. If one of the executives directs another employee to hide the whistleblower, that executive will be punished for the offense of instigating the harboring of a criminal.

Examples like these show that the offenses of harboring a criminal and instigating the harboring of a criminal are important legal mechanisms that strictly punish conduct obstructing judicial justice. Such laws contribute to maintaining fair judicial procedures by preventing criminals from escaping and ensuring that they cannot evade the judgment of the law.

The offenses of harboring a criminal and instigating the harboring of a criminal are provisions that occupy an important place in the Criminal Act, and their purpose is to strictly punish conduct that helps criminals escape. These two offenses play an important role in preventing criminals from escaping and in maintaining judicial justice. The offense of harboring a criminal punishes the act of concealing a criminal or helping a criminal escape, while the offense of instigating the harboring of a criminal punishes the act of inciting or inducing another person to engage in such conduct.

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