Korean SOFA Page 5

Korean SOFA Page 5

9. When an accused is in the custody of the military authorities of the United States, the military authorities of the United States shall promptly make any such accused available to the 

authorities of the Republic of Korea upon their request for the purposes of investigation and trial, and shall take all appropriate measures to that end and to prevent any prejudice to the 
course of justice. 
10. When an accused has been in the custody of the military authorities of the United States, the military authorities of the United States may transfer custody to the authorities of the 

Republic of Korea at any time. At any time after the custody of an accused has been transferred to the authorities of the Republic of Korea by the military authorities of the United 
States, the authorities of the Republic of Korea may transfer custody to the military authorities of the United States. 

11. The military authorities of the United States shall give sympathetic consideration to any request for transfer of custody which may be made by the authorities of the Republic of 
Korea in specific cases. 
Add a new Agreed Minute re Paragraph 7( b): 
The authorities of the Republic of Korea will give full account to any special view expressed by the military authorities of the United States regarding the execution of the 

sentence in specific cases. 
Amend Paragraph 9( e) to read as follows: 
The right to legal representation shall exist from the moment of arrest or detention and shall include the right to have counsel present and to consult confidentially with such counsel, 

at all preliminary investigations, examinations, pretrial hearings, the trial itself, and subsequent proceedings at which the accused is present. The right to counsel will be respected in all 
investigative and judicial proceedings to the greater extent permitted by this Agreement or by the law of the Republic of Korea. 

Amend Paragraph 9( g) to read as follows: 
The right to communicate with a representative of the Government of the United States shall exist from the moment of arrest or detention, and no statement of the accused taken in the 

absence of such a representative shall be admissible as evidence in support of the guilt of the accused. Such representative shall be entitled to be present at all preliminary investigations,


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