Korean SOFA Page 4

Korean SOFA Page 4

(g) robbery with a dangerous weapon; 

(h) attempts to commit the foregoing offenses; 
(i) assault resulting in death; 
(j) driving under the influence of alcohol, resulting in death; 
(k) fleeing the crime scene after committing a traffic accident resulting in death; 
(l) offenses which include one or more of the above-referenced offenses as lesser included offenses. 

4. "Adequate cause" that the accused committed the offense charged shall be a judicial determination that there exist reasonable grounds to believe that the accused committed the 
offense. Such judicial determination shall be made in accordance with the laws of the Republic of Korea. 

5. "Necessity" for pretrial custody shall be a judicial determination that confinement of the accused is required because there is reasonable ground to suspect that the accused has 
destroyed or may destroy evidence; that the accused may flee; or that the accused is likely to cause harm to the life, person or property of a victim, a potential witness, or a family member 
of a victim or potential witness. Such judicial determination shall be made in accordance with the laws of the Republic of Korea. 

6. In all situations where authorized under the law of the Republic of Korea, a preliminary hearing to examine the legality of any arrest, detention or request for either, is 
automatically requested by and on behalf of the accused and will be held. The accused and counsel for the accused shall be present and shall be permitted to participate. The United States 
representative shall also be present. 
7. The right to request bail and to a review by a judge before deciding any such request shall be a continuing right that the accused, his counsel or his family may assert at any time 

prior to completion of all judicial proceedings. 
8. The authorities of the Republic of Korea shall give sympathetic consideration to a request by the military authorities of the United States to forgo or postpone pre-trial custody in 

special cases where the accused is ill, injured, or pregnant.


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