Immunity

Korea, Republic of

Constitution of the Republic of Korea

CHAPTER Ⅱ Rights and Duties of the Citizen

Article 29 [State and Official's Liability]

(1) In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization under the conditions as prescribed by law. In this case, the public official concerned are not immune from liabilities.
(2) In case a person on active military service or an employee of the military forces, a police official, or others as prescribed by law sustains damages in connection with the performance of official duties such as combat action, drill, and so forth, he is not entitled to a claim against the State or public organization on the grounds of unlawful acts committed by public officials in the course of official duties, but only to compensations as prescribed by law.

Rome Statute

Article 98 Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.