Requirements for Murder and Attempted and Preparatory Offenses

Based on 25 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Murder is not established merely by the fact that the victim died; the prosecution must prove intent to kill and a causal link between the conduct and the death. It may be established by circumstantial evidence even where there is no direct evidence or no body has been found, but the evidence must prove the charge beyond a reasonable doubt.

People involved → Prosecution → Accused person → Victim → A person is accused of killing, trying to kill, or preparing to kill → Did the person intend to kill, including foreseeing death as possible? → Yes, Criminal Act Article 250 → No, intent to kill is not shown → Are death and the causal link proved beyond reasonable doubt? → Yes → No → Had the person begun carrying out the murder? → Yes, attempted murder may apply → No, assess preparation under Criminal Act Article 255 → Murder may be established → Completed murder is not established on this path; assess other liability → Assess method, instrument, body area, and surrounding circumstances → Circumstantial evidence may suffice; a body or direct evidence is not required → For omission, check legal duty, intent, failure to rescue, and foreseeability → Check the circumstances before and after the incident → The evidence must still prov…

Key points

Intent to kill may be established if a person knows or foresees that their conduct could cause the victim’s death; it is not necessary that they want or intend the victim to die. This includes dolus eventualis (Criminal Act, Article 250 (형법 제250조), Case 4).
Intent to kill and whether the crime was committed are assessed by considering the method, instrument, and area of the body involved, together with the circumstances before and after the crime. Intent to kill may be found even if the person did not prepare for the crime in advance (Cases 16 and 20).
Murder may be established based on a body of circumstantial evidence even where there is no direct evidence or no body has been found. However, both the victim’s death and the fact that the defendant’s conduct caused the death must be proved beyond a reasonable doubt (Cases 2 and 11).
A causal link may be found even if the conduct was not the sole or direct cause of death, provided that the intervening circumstances were reasonably foreseeable (Case 5).
Even without directly attacking the victim, a person may be guilty of murder by omission if they had a legal duty to rescue the victim and, with intent to kill, left the victim in danger without providing rescue (Cases 8 and 13).
Once a person has begun to carry out a murder, they may be guilty of attempted murder even if no death or injury results. Whether the case involves an impossible crime, in which there was no possibility of the result occurring, must be assessed in light of the specific means and circumstances (Cases 10, 14, 18, and 21).
Preparation for murder requires not only an intent to kill and an intent to prepare, but also an external act that substantially contributes to carrying out the murder. Mere thoughts or plans are insufficient. Case law has held that the offense cannot be established where the intended victim has not been identified (Criminal Act, Article 255 (형법 제255조), Cases 12 and 25).
The existence of a mental disorder or intoxication does not automatically warrant a reduced sentence on the basis of lack of or diminished mental capacity. The person’s capacity to make judgments at the time of the crime and the circumstances before and after the crime must be examined (Criminal Act, Article 10(1) and (2) (형법 제10조 제1항·제2항), Case 1).

Frequently asked questions

Q. If I say I did not intend to kill the other person, can I avoid a murder conviction?

Not necessarily. If the person knew or foresaw that their actions could cause the other person’s death, they may be guilty of murder based on dolus eventualis, even if they did not want the person to die. The determination is made by considering the specific conduct and the circumstances at the time.

Case 4, Case 16, Case 20

Q. Can someone be convicted of murder even if no body has been found?

Yes. A conviction may be based on a body of circumstantial evidence, even if there is no direct evidence. However, both the fact that the victim died and the fact that the defendant’s act of killing caused the death must be proved beyond a reasonable doubt.

Case 2

Q. Can murder be established solely because someone could receive a large insurance payout?

The possibility of receiving insurance proceeds alone does not prove a motive or intent to kill. It is necessary to carefully examine objective evidence that the incident was intentional, as well as circumstances that resolve questions about the method of the crime and the circumstances of the incident.

Case 3

Q. Can it be murder if the victim slips into the water but is not rescued?

It may, depending on the circumstances. If someone takes the victim to a dangerous place, has a legal duty to prevent danger and provide rescue, and fails to rescue the victim with intent to kill, the omission may be treated as the act of committing murder.

Case 8, Case 13

Q. Can someone be guilty of attempted murder even if they did not manage to injure the victim?

Yes. If a person has begun to carry out an act of murder but fails to achieve their purpose because a third party intervenes or the victim escapes, they may be guilty of attempted murder. Whether the person has begun to carry out the crime is determined by reference to their specific actions.

Case 14, Case 21

Q. Can someone be punished for planning or soliciting a murder if no murder actually occurs?

A mere thought or plan does not constitute preparation for murder, but an external preparatory act that substantially contributes to carrying out a murder may do so. In one case, hiring a contract killer after deciding on the target and payment was treated as a preparatory act.

Case 12, Case 25

Q. Can someone be punished for advising or helping a person who wants to commit suicide?

Advice or encouragement, or material assistance, intended to make it easier for someone to carry out a suicide may constitute aiding suicide. However, the person must perform an act that assists the other person in carrying out a specific suicide and must be aware of what they are doing. Advertising for the purpose of obtaining money may not, by itself, constitute aiding suicide.

Case 6, Case 7, Case 9

Q. Is the sentence for murder automatically reduced if someone has an intellectual disability or was intoxicated?

The sentence is not automatically reduced. Whether the person lacked or had diminished capacity to discern right from wrong or make decisions at the time of the crime is determined by examining the circumstances before and after the crime, among other things.

Case 1

Q. Does killing a stepmother or a two-month-old infant constitute a separate offense of parricide or infanticide?

According to the cases, a stepmother is not a lineal ascendant under the law, so killing a stepmother constitutes ordinary murder, not parricide. The cases also held that a two-month-old infant was not a victim to whom the offense of infanticide applied.

Case 17, Case 24

Relevant laws

Criminal Act, Article 10(1) and (2) (형법 제10조 제1항·제2항)
Criminal Act, Article 250 (형법 제250조)
Criminal Act, Article 250(2) (형법 제250조 제2항)
Criminal Act, Article 252(2) (형법 제252조 제2항)
Criminal Act, Article 255 (형법 제255조)
Civil Act, Article 772 (민법 제772조)
Civil Act, Article 769 (민법 제769조)

Watch out for

Even where circumstances give rise to suspicion of guilt, a person cannot be found guilty unless the facts of the crime are proved beyond a reasonable doubt.
A mental disorder or intoxication alone does not warrant a reduced sentence on the basis of lack of or diminished mental capacity. The person’s condition at the time of the crime must be assessed specifically.
Preparation for murder and attempted murder must be distinguished. The determination depends on whether there was an external preparatory act beyond mere planning and whether the person began to carry out the murder.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).