Then why were Korean pimps handed out jail sentences(up to 15 years by law) and Korean WGs fined and their passports taken away for a max.of 3 years for things they did in HK? Answer: extraterritorial prosecution and intelligence service activities.
http://news.chosun.com/site/data ... html?rsMobile=false . "국가정보원과 공조한 경찰이 해외원정 성매매를 단속해 관련사범 25명을 적발했다.
서울지방경찰청 국제범죄수사대는 한국 여성들의 프로필 사진을 해외 성매매사이트에 올린 뒤 현지 호텔 등에서 성매매를 알선한 혐의(성매매알선등행위의처벌에관한법률위반 등)로 성매매업주 정모씨(34·여), 홍모씨(25·여) 등 2명을 구속했다고 7일 밝혔다.
또 20~30대 성매매 여성 23명을 같은 혐의로 불구속 입건하고 소환 통보에 응하지 않고 있는 미국 뉴욕의 성매매업주인 정모씨(27·여) 등 2명을 검거하기 위해 국제공조 수사를 요청했다.
Source :
http://news.chosun.com/site/data ... /2013040801248.html "
These cases have NOTHING to do with underage involvement,drug use or slavery prostitution.
The word 국가정보원 means national intelligence agency and the case above occurred in Hong Kong where it would be just illegal working case,
In this case, the prosecution spanned over multiple jurisdictions not justHK, but also involved US and international law enforcement.
National intelligence agency's position(2006):
http://www.chogabje.com/board/vi ... X=12442&C_CC=AZ
In another case, a former Korean woman who holds citizenship of a Nordic law country got a gulity verdict for having done "it" in a US hotel for money with a Korean man.
Although in this case neither the personal principle nor the territorial principle of law applied, the prosecution was done. Theoretically, the US court of the location where
the act took place has the territorial jurisdiction while the woman's country of nationality won't put any charges as it is a Nordic law country now. (was legal there until
a few years ago)
Some guys were caught for doing this in Germany etc. as well despite it being legal there.
As for US miltary code. there is max. 1 year in brig and DD if caught doing it ,for example,. in Germany. This is since the Bush administration.Paying the bar fine is
sufficient for guilty verdict and this is posted on related bars near US bases.
Some guys say that a law only applies on the place where an act takes place. This is incorrect according to law theory.Application of law and related prosecution is based
on both nationality(personal principle) AND location(territorial principle).
1)https://namu.wiki/w/%EC%86%8D%EC%9D%B8%EC%A3%BC%EC%9D%98 Application of laws/prosecution based on nationality when an act happened.
2)https://www.youtube.com/watch?v=fUe8vJg8YOg : Application of law by nationality vs. place, the example of gambling and weed smoking in Netherlands are cited. Prosecution is based on BOTH principles, not just one.
3)https://www.clien.net/service/board/kin/9289245 Example of weed smoking: Application of laws.
Another example to be careful of: A citizen from a no-gun country getting a firearm license based on a permanent residence gotten in another country where PR is sufficient to apply for a hunting rifle license. Then the
guy can go to jail for 10~30 years after returning to his country of nationality for having unlawfully possessed a single shot hunting rifle. Such things are known to have happened.There are 1-2 countries where even
personal possession of .177 airguns is not possible.
There is no explicit mentioning of extraterritorial prosecution in the laws related to the above examples. It is in the way that the scope of application of the entire law system (not just WG, gun,gambling or pot) .
Other well-known cases are export control violations,espionage,and intellectual property related violations. There is no explicit mentioning of extraterritorial prosecution on the related law clauses but it
has been carried out for decades.
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Last edited by raradidi at 1-2-2018 10:33 ]