South Korea Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving South Korea — Requested and Requesting State
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Case Law
Extradition and double criminality: factual correspondence is enough (no need for same legal classification)
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Summary
For the purposes of granting extradition, in order to satisfy the requirement of double criminality it is not necessary that the abstract structure of the offence under foreign law corresponds exactly to a provision under Italian law. It is sufficient that the same conduct constitutes a criminal offence in both legal systems, irrespective of any differences in legal classification or in the applicable penalties. In the present case, extradition was requested on the basis that the person concerned had displayed and used credit cards of which he was only apparently the holder, and had also affixed forged signatures on sales receipts. It is clear that such conduct, as described, amounts under Italian law to both the offence provided for by Article 55 of Legislative Decree No. 231 of 2007 and the offence of fraud.
18/07/2017 · Italian Supreme Court · 39014/2017
🇮🇹Italy → 🇰🇷South Korea
GrantedExtraditionCountry Contributor
Aaron Hwang
Seoul Law Group
Aaron Hwang is Principal at Seoul Law Group. He previously served as Partner at CHS Law Firm and Daan Law Firm, Associate at SJ Law Firm and Lee & Lim Law Office, and Law Clerk at US Nevada Legal Services Inc.
He is a member of the Korean Bar Association (KBA) and the Seoul Bar Association (SBA). He is Director of the Registration and Auction Bar Association of the KBA, a member of the Labor Bar Association of the KBA, a member of the Debt Collection Bar Association of the KBA, and a member of the Immigration Service Agency Committee by Seoul Immigration Office. He is also included in the Korean Attorneys List of the US Embassy, serves as a Supreme Court-Appointed Defense Attorney, Legal Consultant at the Seoul Global Center, Statutory Auditor of YG Development Inc., and Certified Agent of the Korean Baseball Organization.
He holds a Juris Doctor from Kyunghee University in Seoul, Korea, and a B.A. in Law from Yonsei University in Seoul, Korea.
His awards and appointments include a Letter of Appointment as Legal Expert Counselor at the Seoul Global Center, Legal Advisor at the Seoul Global Center, Member of Seoul Sexual Harassment and Violence Committee, Director of the Registration and Auction Committee of the Korea Bar Association, a certificate of specialty registration in divorce law, and a letter of appointment.
He is a member of the Korean Bar Association (KBA) and the Seoul Bar Association (SBA). He is Director of the Registration and Auction Bar Association of the KBA, a member of the Labor Bar Association of the KBA, a member of the Debt Collection Bar Association of the KBA, and a member of the Immigration Service Agency Committee by Seoul Immigration Office. He is also included in the Korean Attorneys List of the US Embassy, serves as a Supreme Court-Appointed Defense Attorney, Legal Consultant at the Seoul Global Center, Statutory Auditor of YG Development Inc., and Certified Agent of the Korean Baseball Organization.
He holds a Juris Doctor from Kyunghee University in Seoul, Korea, and a B.A. in Law from Yonsei University in Seoul, Korea.
His awards and appointments include a Letter of Appointment as Legal Expert Counselor at the Seoul Global Center, Legal Advisor at the Seoul Global Center, Member of Seoul Sexual Harassment and Violence Committee, Director of the Registration and Auction Committee of the Korea Bar Association, a certificate of specialty registration in divorce law, and a letter of appointment.
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