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Report No. 43

7.25. Provision as to "constructive enemy country" in Korea.-

In one of the foreign Penal Codes1 the concept of 'constructive enemy country' has been introduced in these terms:

"In any of the crimes of Article 93 through the preceding Article,2 a foreign country or a group of foreigners taking a hostile action against the Republic of Korea shall be deemed an enemy country."

The English decision1 is likely to be followed in India also and it is not desirable to define the expression 'enemy'. It may be left undefined so as to facilitate an elastic construction according to context.

1. Section 102, Korean Penal Code.

2. Article 93, Korean Penal Code Punished a person who fights against to Republic of Korea by joining an enemy country. Article 101 punished, inter alia, a preparation on conspiracy to commit an offence under Article 93.

3. Para. 7.24, above.

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