South Korea and extraterritorial criminal jurisdiction

Abstract

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.