Citation

Chun JH. Korean J. Comp. Crim. Law 2009; 11(2): 755-796.

Copyright

(Copyright © 2009)

DOI

unavailable

PMID

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Abstract

Due to the impact of internationalization and globalization of foreign crimes is increasing. As a result, the field of criminal law that the state is expanding the scope of cooperation. The Republic of Korea's economic growth since 1990 while human and material exchanges with foreign countries grew, the influence due to the Republic of Korea from committing a crime criminals fleeing abroad is also increasing. The phenomenon of the internationalization of crime while faster terrorism, drug trafficking, human trafficking and international organized crime has also increased. And foreign citizens from increased crime carried a sentence in a foreign country, as well as citizens serving in foreign countries was also increased, as a result, the state of criminal law the principle of substantial part of the correction was inevitable. For international crimes, International Criminal Law traditionally does not conflict with the sovereignty of foreign countries within the area of criminal law applicable to a range of prescribed laws and regulations of the Penal Code is the coverage of place. Today, however, the effect on the results of a foreign court, enforcement, transfer of foreign criminal procedure and criminal judicial cooperation, criminal jurisdiction, including information on international transport prisoners are being expanded. The international criminal court, depending on the expansion of Korea's tendency to create Law of Treaty on Extradition and Criminal justice assistance law are implemented. The current July 2009, for criminal justice cooperation treaties with 26 countries was signed, a crime that can be transported into the country and 29 countries and signed treaties. And Romes Statute of the International Criminal Court, Convention on the Transfer of Sentenced Persons CETS No.: 112 for a concrete realization, the International Criminal Court the jurisdiction to punish for criminal law and international transport prisoners and law enforcement is to establish. South Korea and China to increase exchanges between the real human situation, in March 2009 is currently detained in prison, the Republic of Korea, China National convicts 124 people, in May 2009 drafts are currently in prison in the Republic of Korea Chinese prisoners of 622 people, Therefore, the Republic of Korea is admitted to the prison of the Chinese, the most important foreign prisoners are accounted for. South Korea and China in the lively exchanges between the crimes committed by South Korea who was also raised to increase the possibility that prisoners will continue to grow as a result is expected. Prisoners housed in prisons in China are Korean language communication problems, such as treatment issues and are experiencing many difficulties in ensuring the basic rights. So, families of prisoners and prisoners in this area needs improvement, and for transporting prisoners and the results have a high interest in the treaty is being evaluated. Mongolia, South Korea by the practical need for these (Mongolia, 2007.5.28. Signed, August 23, 2008 effective) as second only to China, May 27, 2008 "Treaty between the Republic of Korea and the People's Republic of China on the Transfer of Sentenced Persons" was signed. And July 6, 2009 Different countries has been confined to prison for convicts sentenced to the punishment of his country's remaining period of the certificate in their home country to send the treaty were exchanged. The treaty for the rest of the prisoners by more than 1 year if they want the rest of the nation's prison and was able to. The Treaty of August 5, 2009 Republic of Korea and China becoming effective extradition treaties, mutual legal assistance treaty criminal and civil judicial cooperation and mutual legal assistance treaties with all the major treaties have been effective. In this study, increasing phenomenon of international criminal justice cooperation in accordance with acceptable international criminal law on the domestic level and the main topics discussed extradition system, on the International Criminal Court Rome Statute, the international system and the prisoners transferred the contents of the relevant international conventions and examine the status of agreement. And Law of Treaty on Extradition, International Criminal Court jurisdiction over the crime rate on the penalty law, Convicts transported International Law look at some of the key information, and should.

Language: ko