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Korea Refuses Mutual Legal Assistance in Certain Corruption Cases

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The Korean government has clarified the circumstances under which it will not provide mutual legal assistance (MLA) in corruption cases.

Conditions for Denying MLA

According to a statement released by the Ministry of Justice, MLA will not be provided if:

  • The offense is still in trial or has a final verdict rendered.
  • The property for which MLA is requested has been already ordered to be preserved for confiscation or collection.
  • A third party with a legitimate claim to ownership of the property was unable to claim their rights during court proceedings due to reasons not attributable to them.
  • Confiscation or collection is deemed unnecessary.

Exceptions

The statement also highlights exceptions for corruption crimes specified in the “Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices”. In such cases, MLA may not be provided if:

  • An act involved in the offense was committed in Korea and does not constitute a corruption offense under relevant Korean laws.
  • The requesting state has not made a guaranty to accept and respond to a request for cooperation.

Disposal/Return of Assets

Assets may be returned based on the Act on International Mutual Legal Assistance in Criminal Matters or bilateral treaties on international mutual legal assistance. Properties shall be disposed or returned in accordance with the request or agreement made between Korea and the requesting state.

In cases where property is confiscated or an equivalent value is collected, it may be returned to the victim of the offense if deemed exceedingly difficult for them to recover damages due to reasons not attributable to them. The prosecutor will notify the victim immediately and return the property upon decision without delay.

Asset Recovery Agencies

The primary contact for MLA requests and asset recovery inquiries is:

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Contact Us

For more information or to submit a request for MLA, please contact:

Seongjin Park, Prosecutor International Criminal Affairs Division, Criminal Affairs Bureau, Ministry of Justice, Republic of Korea +82-2110-3555 | psj10391@spo.go.kr

Or visit our website at www.koreatimes.com for more information on legal matters in Korea.