Please note that this document refers merely to the brand new Republic regarding South Korea (South Korea). While you are shopping for the new Popular People’s Republic out-of Korea (North Korea), please request brand new Travel Recommendations and you can Advisories to have North Korea.
Disclaimer
Information on this web page is provided since a public-service because of the the us government out of Canada. While each energy is designed to render direct advice, guidance contained we have found given to your an enthusiastic «as is» base rather than assurance of any sort, display or required. The federal government of Canada takes on no obligation or accountability of every form and you may will not be accountable for one damage inside the commitment into suggestions considering. Which book isn’t designed to bring courtroom and other pointers and cannot end up being relied up on in that respect. Your reader are motivated to retain legal counsel, if the arrested otherwise detained, and supplement this short article with separate look and professional advice.
Perspective
It file is intended to make you first information on how the newest South Korean criminal law system qualities. That isn’t an alternative choice to legal advice, that just be provided by legal counsel qualified to habit inside Southern area Korea. It has to be also comprehend in conjunction with the pamphlet An effective Book to own Canadians Imprisoned Overseas.
For folks who crack brand new guidelines of some other nation, you’re susceptible to new official program of that country. Being a foreigner or otherwise not knowing the local legislation is not an excuse. Internationally Circumstances Canada normally neither protect you from the effects off your methods nor override the latest conclusion out-of local government. The fresh South Korean and Canadian criminal legislation assistance try rather more. This can increase the fret and you may simple problems due to stop and you may imprisonment within the South Korea. Such as, please note that from inside the Southern area Korea:
- foreigners usually are stored in detention about study and you will demo techniques and bail is not aren’t supplied;
- you might be initially held without having to be officially billed to have right up so you can 2 days; and you will,
- if you are convicted off an offence, might fundamentally become deported after your phrase might have been carried aside.
Government entities of Canada usually seek to be sure you commonly penalized to be a foreigner and that you try none discriminated facing neither refused fairness while Canadian. It cannot, however, find preferential way to you otherwise just be sure to exempt you from the newest due means of regional rules. The us government regarding Canada you should never interfere on the judicial program away from another country, just as Canadians won’t represent some other authorities interfering for the Canada’s judicial procedure.
For additional details about the assistance consular authorities can be and cannot offer, delight consult the latest brochure A guide having Canadians Imprisoned Abroad.
Your selection of court sign for the Southern area Korea is vitally extremely important and may be made properly. Consular authorities can provide a listing of attorneys who’ve expertise on your own sorts of sorts of situation and you will that represented Canadians previously. They can not, although not, strongly recommend specific solicitors. You’ll be able to want to hire legal counsel who’s not into record. So it choice remains your responsibility. For further pointers, please request brand new section with the shopping for legal counsel throughout the brochure A guide having Canadians Imprisoned Abroad.
Stop and you can detention
A stop can be made by the Korean Federal Police Service, an effective prosecutors’ place of work, or any other businesses of one’s South Korean regulators for instance the Korea Society Work environment or the Korea Immigration Office, along with every other unique representative who has been vested beneath the laws for the expert and also make an arrest. Korean authorities could possibly get confiscate your travel data files, just like your passport, while you are below investigation otherwise immediately following arrest if you’re into the infant custody otherwise detention. Please update an effective Canadian consular certified should this happen for your requirements.