SECRET e

26 Extra-Territoriality.

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In the light of the exemption for acts of aliens outside the

é

territery of Korea.which ido not constitute crimes at the place of -commis-
Ne

sjon" (Crim Code, Art 6), it is unlikely that a United States serviceman
would be subjected to prosecution for some obscure malum prohibitun. Also,
a reasonable belief "that . » » conduct does not constitute a crime under
existing law" is a complete defense. (Crim Code, Art 16). Finally, "con-
duct not apainst the law or pursuant to accepted business practices, or
other conduct which does not violate the social mores shall not be
punishable." (Crim Code, Art 20). Article 20, taken together with Arts 6
and 16, may provide added protection.

This study assumes, in accordance with general principles of
international law, that all jurisdiction not ceded by a host country is
retained by the host country. If this is true, a provision similar to
Paragraph lb, Article 17, of the United States-Japan Status of Forces
gant would not cover this problem. However, in view of the crowded
dockets in Korean courts, it is expected that the problem of extra-

territorality would be, at worst, marginale

a

l9see Iv A and VI E, supra.
20
". . .(b) the authorities of Japan shall have jurisdiction over the
~=+nbers of the United States armed forces, the civilian component, and their
denerdents with respect to offenses committed within the territory of Japan
“12 punishsble by the law of Japan."