Korean Extradition Law Explained by IPG Legal
Korean Extradition Law is based on international treaties, Korean jurisprudence, and Korean statutory law. Korea is a party to 78 extradition treaties, including, treaties with the majority of the European Union, Asia, North America, and the majority of the developed and recently developed world.
An IPG Legal attorney is, likely, the only foreign attorney working in Korea who has experience with extradition cases from the United States to Korea. Sean Hayes, recently, handled an extradition case – the details of the case may be found at: Sean Hayes thwarts Korean Government’s Attempt to Extradite a former U.S. Army Service Member from New York to Korea. IPG Legal attorneys have experience handling cases in U.S. courts and in courts in Korea.
Korea’s Extradition Law Prerequisites
- All cases should be heard by the Seoul High Court and handled by the Seoul High Prosecutor’s Office. Therefore, cases are not heard in regional high courts, district courts, or district prosecutor’s offices.
- One can, only, be extradited for capital crimes or crimes that shall lead to imprisonment or prison labor for longer than one year.
- The request for extradition must be implemented via the respective treaty and via the government channels noted in the respective treaty.
- In many cases, the time held in confinement in a foreign jurisdiction may be deducted from the sentence in Korea.
In our experience, the most important aspect to consider in these cases is to obtain a law firm with international experience handling extradition cases. Because of the few cases of extradition in Korea, the number of lawyers with experience is few.
For a free consultation with an attorney, schedule a call with Sean Hayes.