EXTRADITION ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to enhance international cooperation in cracking down crime by prescribing the scope, procedures, etc. of extradition.

[This Article Wholly Amended on Mar. 31, 2010]

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "extradition treaty" means a treaty, convention, or any other agreement on extradition, concluded between the Republic of Korea and a foreign state;

2. The term "Requesting State" means a state that requests the extradition of an offender;

3. The term "extraditable offense" means an offense for which extradition is requested;

4. The term "offender" means a person who is being investigated or proceeded against for an extraditable offense, or has been convicted of an extraditable offense in the Requesting State;

5. The term "provisional arrest" means arresting and detaining an offender pending receipt of an extradition request, when it is believed the offender may flee or when there are other urgent needs.

[This Article Wholly Amended on Mar. 31, 2010]

Article 3(Exclusive Jurisdiction over Extradition Cases) #

The Seoul High Court and the Seoul High Prosecutor's Office shall have exclusive jurisdiction over cases involving extradition reviews and extradition requests provided for in this Act.

[This Article Wholly Amended on Mar. 31, 2010]

Article 3-2(Relations with Extradition Treaty) #

If an extradition treaty contains provisions contrary to the provisions in this Act, the extradition treaty shall prevail.

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Exclusive Jurisdiction over Extradition Cases) #

Article 3-2(Relations with Extradition Treaty) #

Article 4(Reciprocity) #

Article 5(Principle of Extradition) #

Article 6(Extraditable Offenses) #

Article 7(Reasons for Mandatory Refusal of Extradition) #

Article 8(Refusal of Extradition in Cases of Political Offenses) #

Article 9(Reasons for Discretionary Refusal of Extradition) #

Article 10(Assurance Not to Punish offenses Other Than the Offense for Which Extradition is Granted) #

Article 10-2(Measures Taken by Minister of Justice in Response to Request for Consent) #

Article 11(Measures Taken by Minister of Foreign Affairs in Response to Extradition Request) #

Article 12(Order by Minister of Justice to Request Extradition Review) #

Article 13(Request for Extradition Review) #

Article 14(Extradition Review by Court) #

Article 15(Judicial Decision) #

Article 15-2(Consent to Extradition of Offender) #

Article 16(Concurrent Requests for Extradition) #

Article 17(Surrender of Property) #

Article 18(Cancellation of Order to Request Extradition Review) #

Article 19(Issuance of Extradition Arrest Warrant) #

Article 20(Execution of Extradition Arrest Warrant) #

Article 21(Detention in Prison) #

Article 22(Review on Propriety of Extradition Arrest) #

Article 23(Suspension of Execution and Loss of Effect of Extradition Detention) #

Article 24(Measures Taken by Minister of Foreign Affairs in Response to Request for Provisional Arrest) #

Article 25(Measures Taken by Minister of Justice with Respect to Provisional Arrests) #

Article 26(Arrest by Provisional Arrest Warrant) #

Article 27(Discharge of Offender Arrested on Provisional Arrest Warrant) #

Article 28(Notification to Offender) #

Article 29(Release at Time of Notification of No Request for Extradition) #

Article 30(Measures Taken by Public Prosecutor) #

Article 31(Application Mutatis Mutandis of Extradition Arrest to Provisional Arrest) #

Article 32(Release of Offender) #

Article 33(Sending Duplicate of Decision) #

Article 34(Order of Minister of Justice Regarding Extradition) #

Article 35(Place of and Time Limit for Surrender) #

Article 36(Sending of Writ of Surrender and Writ of Permission for Surrender) #

Article 37(Arrest for Surrender) #

Article 38(Notification by Minister of Justice) #

Article 39(Notification to Requesting State) #

Article 40(Extradition by Head of Prison) #

Article 41(Escort of Offender to Requesting State) #

Article 42(Extradition Request by Minister of Justice) #

Article 42-2(Measures Taken by Chief Prosecutor of Public Prosecutor's Office) #

Article 42-3(Proposal by Public Prosecutor for Requesting Extradition of Offender) #

Article 42-4(Request for Consent of Foreign State) #

Article 43(Sending of Written Request for Extradition) #

Article 44(Measures Taken by Minister of Foreign Affairs and Trade) #

Article 45(Approval for Transit) #

Article 45-2(Request for Approval for Transit) #

Article 46(Expenses) #

Article 47(Going through Prosecutor General) #

Article 48(Request for Extradition for Offenses Committed before an Extradition Treaty in Force) #

Article 49(Supreme Court Regulations) #

Article 50(Enforcement Decree) #

Article 51(Special Provisions for Immigration) #