Korean SOFA Page 19

Korean SOFA Page 19

any such accused available to the authorities of the Republic of Korea upon their request for purposes of investigation and trial. 

6. The Republic of Korea authorities shall not question an accused who is in the custody of the Republic of Korea, after indictment, about the facts, circumstances or events that form 
the basis for the offenses for which the accused has been indicted or could have been charged based on the same set of events for which the accused was indicted. The Republic of Korea 
authorities may question such an accused about totally unrelated facts, circumstances or events that form or may form the basis for unrelated offenses. In such an event the Republic of Korea 
authorities shall notify the Judge Advocate, United States Forces Korea. A previous request for counsel shall be deemed to apply to any questioning. 

7. In cases where custody has been retained by the Republic of Korea authorities under paragraph 2 of the Agreed Minute re Article XXII, Paragraph 5( c), the Republic of Korea 
authorities shall forgo all questioning of an accused who wants to have counsel present beyond that required to ascertain the status and identity of an accused until counsel is retained and 
present for the preliminary investigation along with the United States representative. In such cases, the requirement under Korean law to apply for a detention warrant within 48 hours of 
arrest shall be suspended until counsel is available. 
8. The presence of counsel at any interview or interrogation while an accused is in the custody of the Republic of Korea authorities shall not be waived without a written waiver 

signed by the accused after being advised of his rights. The United States representative shall also sign the written waiver, attesting to the fact that the accused signed the written waiver 
knowingly and voluntarily after being advised of his rights. In such cases, the authorities of the Republic of Korea shall ensure that no statement taken or received in the absence of counsel 
and no evidence derived from any such statement, shall be admissible in any subsequent proceeding unless the presence of counsel was properly waived in accordance with this 
paragraph. 
9. The privacy and presumption of innocence of the accused will be respected throughout the investigative and judicial proceedings, especially during reenactments. All such 

proceedings shall be conducted in a manner that does not prejudice the right of the accused to a fair trial. This paragraph shall not be a basis to limit any line of questioning by the 
investigative authorities of the Republic of Korea. 
10. The authorities of the Republic of Korea shall guarantee that any facilities for pretrial confinement or restriction meet or exceed the standards established by the Joint Committee and


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