By Lee Tae-hoon
Staff Reporter
The government has set up a new guideline in order to counter the abuse of diplomatic privileges, amid growing concerns over traffic violations and other offenses committed by foreign diplomats here, prosecutors said Sunday.
Under the Vienna Convention on Consular Relations, local authorities cannot arrest or punish foreign diplomats as they are protected from criminal prosecution and civil lawsuits in the host country.
However, the new guideline, which takes effect Monday, calls on the Ministry of Foreign Affairs and Trade to notify countries of alleged violations of local laws committed by their diplomats here, according to the Supreme Prosecutors' Office.
Police will be obliged to immediately report violations committed by diplomats to both the prosecution and the ministry, it said.
Once notified, the ministry is required to submit a formal report of the offense to the country the diplomat represents.
If necessary, local authorities may request a waiver of diplomatic immunity or expel the diplomat from the country, according to the measure.
The move comes at a time when Korea, while respecting the international law that permits diplomatic immunity, is seeking ways to curb legal violations committed by foreign diplomats.
There has been mounting criticism over diplomatic immunity. Law enforcement authorities are unable to prosecute law-breaking diplomats, no matter how serious the crime may be.
In cases of traffic violations, they have practically no legal means requiring foreign diplomats to pay fines.
The number of speeding violations by diplomats soared from 18 in 2006 to 212 in 2008, according to the ministry.
Nearly 90 percent of traffic fines imposed on foreign diplomats between July 2004 and July 2008 - a total of some 72.6 million won ($61,500) - have yet to be paid, according the National Police Agency.
"Unlike in the United States and other countries, Korea has so far acknowledged diplomatic immunity without a system in place to notify respective governments of diplomats' violations of the law. As illegal activities, such as driving under the influence of alcohol, have remained persistent among diplomats, we have come up with a way to deal with the matter in order to uphold law and order," an official at the Supreme Prosecutors' Office said.
In the United States, if a diplomat commits a crime or faces a civil lawsuit, the State Department alerts the diplomat's government.
The U.S. State Department also asks the countries to waive the immunity of the suspected offender so that the case can be handled by the local court. If immunity is not waived, the U.S. government often requests the diplomat to leave or cancels his or her visa.
leeth@koreatimes.co.kr
