Special Act On Criminal Affairs Concerning Implementation Of The Agreement Under Article …


Published: 2011-04-14

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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters concerning criminal jurisdiction as provided in Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea. <Amended by Act No. 10583, Apr. 14, 2011>
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 Article 2 (Perjury, etc.)   print
(1) A person who gives false testimony, false expert opinion, false interpretation, or false translation at a court-martial of the United States Armed Forces (hereinafter referred to as "United States court-martial") under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as the "Treaty") shall be punished as provided in Articles 152 through 154 of the Criminal Act. <Amended by Act No. 10583, Apr. 14, 2011>
(2) A person who destroys, conceals, forges or alters evidence in a criminal case where the United States court-martial exercises its criminal jurisdiction, a person who has used the forged or altered evidence, or a person who has concealed a witness or has caused a witness to flee, shall be punished as provided in Article 155 of the Criminal Act. <Amended by Act No. 10583, Apr. 14, 2011>
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 Article 3 (Cooperation for Appearance, etc. of Witness before Court-Martial)   print
With regard to the summons of a witness or an expert witness and production of a witness requested by the United States court-martial, the provisions of Articles 152 through 155 and Article 177 of the Criminal Procedure Act shall apply mutatis mutandis. <Amended by Act No. 10583, Apr. 14, 2011>
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 Article 4 (Cooperation for Investigation)   print
In the investigation of a criminal case requested by the United States of America Armed Forces (hereinafter referred to as the "United States Armed Forces") pursuant to the Treaty, a public prosecutor or a judicial police officer may exercise the power prescribed in the Criminal Procedure Act and other Acts and subordinate statutes. <Amended by Act No. 10583, Apr. 14, 2011>
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 Article 5 (Cooperation for Execution of Judgment)   print
A public prosecutor may exercise the power prescribed in the Criminal Procedure Act or other Acts and subordinate statutes in the execution of the judgment rendered by the United States court-martial, as requested by the United States Armed Forces. <Amended by Act No. 10583, Apr. 14, 2011>
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 Article 6 (Enforcement Decree)   print
Except as otherwise prescribed, by or in, this Act, matters necessary for the enforcement of the provision of Article 22 of the Treaty shall be prescribed by the Presidential Decree. <Amended by Act No. 10583, Apr. 14, 2011>
ADDENDUM
This Act shall enters into force the date when the Agreement enters into force.
ADDENDUM<Act No. 10583, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.