USAMGIK Ordinance 11

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USAMGIK Ordinance 11
750470USAMGIK Ordinance 11

HEADQUARTERS

UNITED STATES ARMY FORCES IN KOREA

Office of the Military Governor

Seoul, Korea

ORDINANCE
NUMBER 11


9 November 1945



General Order Number 5 is superseded and amended to read.

SECTION
SPECIFIC LAWS REPEALED
GENERAL REPEALING CLAUSE
LIMITATIONS ON PUNISHMENT
PENALTY


SECTION Ⅰ LIMITATIONS ON PUNISHMENT
  1. In oredr to eliminate from the laws applicable to the people of Korea and the administration thereof, within the territory occupied south of North Latitude 38 degrees, the policies and doctrines which discriminate against and are opperssive to the Korean people, and to restore to the Korean people the rule of Justice and Equality before the law, the following laws, decrees or orders having the force of law are hereby repealde:
    a. Act of Punishing Political Convicts, Vol 6, Sec 14, P 020 of the General Code of Korea enacted 15 April 1919.
    b. The Preliminary Imprisonment Act, Vol 2, Sec 8, P 26 of the General Code of Korea enacted 15 May 1941.
    c. Act of Preserving Public Order, Vol 2, Sec 8, P 16 of the General Code of Korea enacted 8 May 1925.
    d. Act of Publication, Vol 2, Sec 8, P 255 of the General Code of Korea enacted February 1910.
    e. The Decree for the Protection of Political Convicts, Vol 2, Sec 8, P 23 of the General Code of Korea enacted 12 December 1936.
    f. The Act of Shrine, Vol 2, Sec 6, P 1-88 of the General Code of Korea enacted 18 July 1919.
    g. The Judicial Power of Police Chiefs, Vol 6, Sec 3, P 939-940 General Code of Korea.
SECTION Ⅱ GENERAL REPEALING CLAUSE
  1. All other laws, decrees or orders having the force of law are hereby repealed, the Judicial or Administrative enforcement of which would cause discriminations on grounds of race, nationality, creed or political opinions.
SECTION Ⅲ LIMITATIONS ON PUNISHMENTS
  1. No charge shall be preferred or sentence imposed or punishment inflicted against any person, for an act, unless such act is expressly made punishable by law in force at the time of its commission
  2. The detention of any person not charged with a specific crime or offense and the punishment of any person without lawful trial and conviction are prohibited
SECTION Ⅳ PENALTY
  1. any person violating the provisions of this order, shall, upon conviction by a Military Occupation Court, suffer such punishment as the court shall determine.
BY DIRECTION OF THE COMMANDING GENERAL
UNITED STATES ARMY FORCES IN KOREA


A. V. ARNOLD

Major General, United States Army

Military Governor of Korea.

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