South Korea and extraterritorial criminal jurisdiction

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This chapter sets the scene with a brief historical overview of events leading to the modern state of South Korea. We consider the constitutional context in which extraterritoriality is regulated and provide examples of assertions of extraterritorial criminal jurisdiction and the regulation thereof. Judicial adjudication of extraterritoriality is also considered. Chapter 5 concludes with brief observations about exercises of extraterritorial jurisdiction by South Korea, including that, South Korean law reflects an assertive approach to prescriptive passive nationality jurisdiction.
Original languageEnglish
Title of host publicationExtraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea
EditorsDanielle Ireland-Piper
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Number of pages29
ISBN (Electronic)9781788976664
ISBN (Print)9781788976657
Publication statusPublished - Jul 2021


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