ACT ON INTERNATIONAL JUDICIAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to promote an international cooperation in the suppression and prevention of crimes, by prescribing the scope, procedure, etc. of mutual assistance provided at the request of, and requesting to, any foreign country in connection with any investigation or trial of a criminal case.

[This Article Wholly Amended on Nov. 2, 2009]

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "mutual assistance" means to provide or receive any cooperation necessary for the investigation or trial of a criminal case between the Republic of Korea and a foreign country;

2. The term "mutual assistance treaty" means any treaty, convention, etc. relating to mutual assistance, which is concluded between the Republic of Korea and a foreign country;

3. The term "requesting country" means a country requesting mutual assistance to the Republic of Korea;

4. The term "crime under mutual assistance" means a crime which is the object of mutual assistance.

[This Article Wholly Amended on Nov. 2, 2009]

Article 3(Relation to Mutual Assistance Treaty) #

Where a mutual assistance treaty includes different provisions from those of this Act with respect to mutual assistance, the provisions of the treaty shall prevail over the provisions of this Act.

[This Article Wholly Amended on Nov. 2, 2009]

Article 4(Reciprocity) #

Even when a mutual assistance treaty is not concluded, if a requesting country guarantees to comply with any request of the Republic of Korea for mutual assistance, with respect to the same or similar matters, this Act shall be applicable.

ACT ON INTERNATIONAL JUDICIAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relation to Mutual Assistance Treaty) #

Article 4(Reciprocity) #

Article 5(Scope of Mutual Assistance) #

Article 6(Restriction on Mutual Assistance) #

Article 7(Postponement of Mutual Assistance) #

Article 8(Transfer of Objects) #

Article 9(Cooperation in Requesting Country) #

Article 10(Arrest for Repatriation to Foreign Country) #

Article 11(Acceptance of Request for, and Sending of Materials on Mutual Assistance) #

Article 12(Written Requests for Mutual Assistance) #

Article 13(Manner of Mutual Assistance) #

Article 14(Actions Taken by Minister of Foreign Affairs) #

Article 15(Actions Taken by Minister of Justice) #

Article 16(Actions taken by Chief Prosecutor) #

Article 17(Measures taken by Prosecutor) #

Article 18(Request for Examination of Witness) #

Article 19(Documents to Be Appended at Time of Request for Warrant) #

Article 20(Competent Court) #

Article 21(Sending of Mutual Assistance Materials) #

Article 22(Sending of Mutual Assistance Materials by Minister of Justice) #

Article 23(Actions Taken by Minister of Justice) #

Article 24(Actions Taken by Director of Court Administration Office) #

Article 25(Competent Court) #

Article 26(Transfer) #

Article 27(Sending of Certificate) #

Article 28(Provisions Applicable Mutatis Mutandis) #

Article 29(Request for Mutual Assistance by Prosecutor) #

Article 30(Actions Taken by Minister of Justice) #

Article 31(Actions Taken by Minister of Foreign Affairs) #

Article 32(Appending of Translation) #

Article 33(Request for Mutual Assistance by Court) #

Article 34(Consultation with Director of Court Administration Office) #

Article 35(Provisions Applicable Mutatis Mutandis) #

Article 36(Expenses) #

Article 37(Orders via Prosecutor General) #

Article 38(Cooperation with International Criminal Police Organization) #

Article 39(Application Mutatis Mutandis of the Criminal Procedure Act) #

Article 40(Supreme Court Regulations) #