Rule of Specialty
1. A person who has been extradited under this Treaty shall not be detained, prosecuted or tried, for any offence committed before extradition other than that for which extradition has been granted, nor extradited to a third State for any offence, except in any of the following circumstances:
(a) when that person has left the territory of the Requesting Party after extradition and has voluntarily returned to it;
(b) when that person has not left the territory of the Requesting Party within forty-five (45) days after being free to do so; or
(c) when the Requested Party consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article and a record of any statement made by the extradited person in respect of the offence concerned. Consent may be given when the offence for which it is requested is extraditable in accordance with the provisions of this Treaty.
2. Paragraph I of this Article shall not apply to offences committed after the extradition.
3. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.
1. To the extent permitted by its laws, the right to transport through the territory of either Contracting Party a person surrendered to the other Contracting Patty by a third State shall be granted on request in writing made through the diplomatic channel.
2. The request may be refused if reasons of public order are opposed to the transit.
3. Permission for the transit of a person surrendered shall include authorization for accompanying officials to hold that person in custody or request and obtain assistance from authorities in the Party of transit in maintaining custody.
4. Where a person is being held in custody pursuant to paragraph 3 of this Article, the Contracting Party in whose territory the person is being held may direct that the person be released if transportation is not continued within a reasonable time.
5. Authorization for transit shall not be required when air transport is to be used and no landing is scheduled in the territory of the Party of transit. If an unscheduled landing occurs in the territory of that Party it may require the other Party to furnish a request for transit as provided in paragraph 1 of this Article. The Party of transit shall detain the person to be transported until the transportation is continued provided that the request is received within ninety- six (96) hours of the unscheduled landing.
1. The Requested Party shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interests of the Requesting Party.
2. The Requested Party shall bear the expenses incurred in its territory in the arrest of the person whose extradition is sought, and in the maintenance in custody of the person until surrender to a person nominated by the Requesting Party.
3. The Requesting Party shall bear the expenses incurred in removing the person extradited from the territory of the Requested Party.
Entry into Force and Termination
1. This Treaty shall enter into force thirty (30) days after the date on which the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Treaty have been fulfilled.
2. This Treaty shall also apply to any offence specified in Article 2 committed before this Treaty enters into force.
3. Either Contracting Party may terminate this Treaty at any time by giving six (6) months’ written notice to the other Contracting Party.
IN WITNESS WHEREOF, the Undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.
DONE in duplicate at Seoul this 26th day of April 1999 in the Thai, Korean and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
FOR THE KINGDOM OF THAILAND
Deputy Prime Minister and Minister of Commerce
FOR THE REPUBLIC OF KOREA
Minister of Foreign Affairs and Trade
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