New Initiatives on International Cooperation in Criminal Justice

Introduction

I. Traditional Framework of International Cooperation
1. Legal Mechanisms
Extradition
Mutual Legal Assistance
Transfer of Sentenced Persons
2. Basic Rules
Principle of Reciprocity
Principle of Double Criminality
Principle of Specialty
3. Grounds for Refusal
Political Offence
Human Rights Considerations
Non-Extradition of Nationals
Danger of Persecution
State Interests
Further Grounds for Refusal

II. Contemporary Framework of International Cooperation
1. International Activities
International Organizations
Networks
2. Emerging Trends
General Trends
Mutual Recognition
Informal Cooperation

III. Transnational Cases in Korea
1. International Cooperation Procedure in Korea
Basic Structure of the Investigation
Cooperative Instruments
Extradition
Mutual Legal Assistance
Transfer of Sentenced Persons
2. English Instructor Murder Case
Summary of the Case
Defendant Fled to the U.S. after Committing Murder in Korea
5 years later.. Case Entered a New Phase
Actual Evidence Needed for DNA Testing
Destruction of Evidence
Exemplary Case of Failure
3. Fled Rapist Case
Summary of the Case
JA Fled to Korea after Committing Rape
JA, Indicted in New Jersey and Found in Korea
U.S. Made Extradition Request for JA
Korea Denied the Extradition Request
Korea Intended to Punish JA in Korea
Korea Requested Legal Assistance to the U.S.
U.S. Efforts to Accept Korean Request for Legal Assistance
Testimony Hearing of the Witness in the U.S.
Successful Case of Mutual Legal Assistance but ..
4. Nigerian Drug Dealer Case
Summary of the Case
Nigerian Drug Dealer Enticed Koreans to Deliver His Drugs
Joint Efforts Result in CO’s Arrest in Germany
Extradition of CO to Denmark
Successful Extradition from China to Korea
Legal Assistance from Denmark and Other Countries
Successful Case of Both Extradition and Legal Assistance
5. Seorae French Village Infanticide Case
Summary of the Case
Frozen Babies Were Found in a Refrigerator
Dual Criminal Jurisdiction between Korea and France
A Series of Request for Mutual Legal Assistance from France
Legal Assistance Provided by Korea Led to Conviction of VC
Collaborative Effort to Bring Justice

IV. New Initiatives on International Cooperation
1. Direct Contact and Speedy Response
Transformation of Ways to Cooperate
Pursuing an Innovative Model of Cooperation
New Mechanism and New Operation
2. IAP Model Treaty: the Asia-Pacific Convention for Cooperation in Criminal Justice
Background of Proposal
Constructing the IAP Model Treaty
Main Features of the IAP Model Treaty
Working toward a United Nations Regional Convention

Conclusion