Règle correspondante
Republic of Korea
Practice Relating to Rule 107. Spies
Section B. Status of spies
The Republic of Korea’s Military Regulation 187 (1991) states that “executing the death penalty for spies … through summary trial not full trial” is an “unjustifiable crime”.
Republic of Korea, Military Regulation 187, 1 January 1991, Article 4.2; see also Military Operations Law of War Compliance Regulation, Regulation No. 525-8, 1 November 1993, Statute 525-8 of United Nations Command/Combined Force Command (UNC/CFC), Statute of Observing Laws of War of 15 December 1988, § D.
According to the legal adviser of the Ministry of Foreign Affairs of the Republic of Korea, a captured spy who is a member of enemy armed forces cannot be deemed a prisoner of war and may be punished under national law.
Republic of Korea, Opinion of a legal adviser of the Ministry of Foreign Affairs concerning the North Korean Submarine Infiltration Case, September 1996, Report on the Practice of the Republic of Korea, 1997, Chapter 1.1.
