SECRET

f. Burden of Proof

Although it is stated that conviction must be based on procf

beyond *& reasonable doubt,~? the burden of proving their innocence was nlaces

unon those who fell within the "screening case" of the civil-ribnts suspension. -
law.” Also, Korean judges, especially the members of the Special Revolution-
ary Tribunal, have frequently been observed to conduct proceedings as thourh
the puilt of the accused were assumed from the very outset. Thus, it is im-
possible to predict where the burden of proof will fall in any given criminal]
case.

A provision placing the burden of proof beyond a reasonable doubt upon
the povernment in all cases should be among the absolute minimum guarantees
in any Status of Forces Agreement hereafter concluded.

Recommendations That a Status of Forces Agreement provide that the bur-

 

den of proof shall be upon the government in all cases.

a

kim, Ki Du, Collected Lectures on the Code of Criminal Procedure 11,0
(1959).

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0
L586.