In addition, Article 37(2) provides that the "freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order, or for public welfare". If you wish to have access to these documents or believe that information is missing, your lawyer may be able to advise you on the most appropriate options available to you. At your meeting with a consular official, please inform him/her if the South Korean authorities did not inform you of your right to request that Canadian officials be advised of your arrest or detention, or at any time denied you the right to communicate with, or have access to, a Canadian consular official. Ensure taxi drivers use the meter. The prosecutors will also determine if you should remain in detention while the investigation continues. The Korean jury system is significantly different from the common law system. Please note that this document refers only to the Republic of South Korea (South Korea). After kidnapping Na-Yeong while on her way to school, Cho took her to a public bathroom in a nearby church, where he first took off his pants and forced his genitals into her mouth. High-quality general and specialty dental care is available in Seoul. For example, if you write a letter to the Embassy of Canada or another Canadian consular office in South Korea, that letter must be delivered. The first trial is normally held within two to four weeks of the prosecution filing the indictment. […] Striking Joo Chi Gam Hyung custom from the legal realm will cause too much confusion for the system.” The second petition was rejected on similar grounds. Corporate Law, Real Estate, Intellectual Property, Family Law & Criminal Law Firm in Seoul, Korea +82-2-3487-3000. [9], Criminal law in South Korea is largely codified in the Penal Code, which was originally enacted in 1953, and has undergone little revision since. freedom of speech, religion, assembly, and the press; the right to vote, hold public office, and petition the government; the right to education, work, marriage, and health, Kim, Sangjoon, Jaihyun Park, Kwangbai Park, and Jin-Sup Eom. The contested facts need to be proven by evidence, while facts admitted by the opponent do not require evidence. Some Korean hospitals accept some U.S. medical insurance, but only a limited number have direct-billing procedures worked out with U.S. insurers. You may be detained until the first court appearance of the trial. Although violent crime is relatively uncommon, consider traveling in groups when going out at night and. However, the potential for demonstrations increases as the dialogue between U.S. and North Korea on denuclearization continues. In addition, the Constitution requires judicial warrants for arrest, detention, search, or seizure, except where a person suspected of a crime is caught in flagrante delicto or where a person suspected of a sufficiently serious crime poses a risk of escape or destruction of evidence, in which cases an ex post facto warrant may be issued. Private law issues in Korea are regulated by the Civil Code (민법,民法) and the Commercial Code (상법,商法). For further information, please consult the section on selecting a lawyer in the brochure A Guide for Canadians Imprisoned Abroad. McGeorge Global Bus. South Korea is one of the most pro-U.S. countries in the world. [2] Please note that all OSAC products are for internal U.S. private sector security purposes only. Being a foreigner or not knowing the local laws is not an excuse. South Korean authorities have an obligation, under the Vienna Convention on Consular Relations, to advise you of your right of access to a consular representative. In South Korea, there are usually several hearings: the trial does not occur in one or two sittings, but in many sessions. [17] If the defendant's domicile is not known or does not exist, the court at the defendant's residence can hear the claim. information about natural disaster preparedness. Contact the Seoul International SOS office by phone (02 3140-1700) or. But this leaves unresolved the issue of judges’ immense discretionary power in deciding a sex offender’s punishment in a country with an overwhelmingly male legal and political power structure. The parties can also establish jurisdiction of a particular court by agreement in writing unless another court has an exclusive jurisdiction over the matter. Yong Chul Park, "Does it Matter Who Wrote It? In 2011, there were mass demonstrations in Seoul protested the Korea-U.S. Free Trade Agreement. In 2008, South Korea introduced a jury s…