Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 weeks ago

Does South Korean probation prevent you from traveling outside of South Korea if you are a dual citizen?

Recently my girlfriend who is a dual citizen of the United States and South Korea was caught and arrested at Korean customs with two THC vapes, a personal amount of adderall and a tab or two of low dose lsd (in her defense she was prescribed adderall in the United States to treat her ADHD and was unaware that it is illicit in South Korea. She was also unaware that the lsd was in one of the side pockets of her luggage when she flew into Seoul as it was more than six months old and she has completely forgotten about it). She was incarcerated for three days and was then released by request of her father a wealth businessman and former law maker who bailed her out. Recently she went to court and stood on trial to present her statement where prosecutors requested a 3-5 year probation period. Since her release she has been working two jobs and going to therapy regularly and has been living a positive lifestyle. I’ve kept in contact with her everyday and she has been saying that because she is a dual citizen and is going to be attending university that she will be able to come back to the United States once her final trial is over and she’s given her probation sentence.

All in all with her current circumstances I want to know if its even possible for her to do so that we know what to expect when she receives her probation sentence and her final trial date is over. Can she travel back to the US if she is a dual citizen of both South Korea and the US but on probation in South Korea?

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  • 2 weeks ago

    This is a lie. She never would have made it past customs going into Korea. I travel there every year and know that the Korean customs agents are very good. PLUS, the declaration form asks you if you have prescription medications

  • 2 weeks ago

    Her probation conditions will include travel restrictions.  Don't know about Korean rules but in the UK you need to check in weekly with your probation officer.  But, if she has followed the number one rule of citizenship hygiene which is to never let any country know about any other passport(s) you own, she can leave Korea right now on her non Korean passport.  The price she will pay for that move is that she can never set foot in Korea again as she would be thrown in the slammer.

    If it was me, I would serve out the probation.  Ask the court if she can attend university whilst she does so.  Korean universities are more academic than those of the US so this may be a win-win for her.  She can also dry out.

  • 2 weeks ago

    No. While on probation, she is subject to the jurisdiction of that court & cannot leave the jurisdiction of that court without the court's specific permission. She is a Korean citizen in Korea, and under the jurisdiction of Korean courts. Right now, her other nationality is totally irrelevant. She is not going anywhere until she completes her probation & is released by the Korean courts.

    • Alex2 weeks agoReport

      Korean probation is under no jurisdiction of the court system there, the entire parole and probational branch is separate from the court system and are the ones who decide the circumstances of the probation, the court systems only determine the sentence.

  • 2 weeks ago

    The dual citizenship doesn't matter. I'd think she might have trouble with the travel.

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