[Congressional Record Volume 145, Number 155 (Friday, November 5, 1999)]
[Senate]
[Pages S14226-S14227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXTRADITION TREATY WITH KOREA

  The resolution of ratification is as follows:

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Extradition Treaty between the Government 
     of the United states of America and the Government of 
     Republic of Korea, signed at Washington on June 9, 1998 
     (Treaty Doc. 106-2), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition of extradition to the international criminal 
     court.--The United States understands that the protections 
     contained in Article 15 concerning the Rule of Specialty 
     would preclude the resurrender of any person from the United 
     States to the International Criminal Court agreed to in Rome, 
     Italy, on July 17, 1998, unless the United States consents to 
     such resurrender; and the United States shall not consent to 
     the transfer of any person extradited to the Republic of 
     Korea by the United States to the International Criminal 
     Court agreed to in Rome, Italy, on July 17, 1998, unless the 
     treaty establishing that Court has entered into force for the 
     United States by and with the advice and consent of the 
     Senate, as required by Article II, section 2 of the United 
     States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

  Mrs. BOXER. Mr. President, for several months, I have been working on 
a case with the South Korean government on behalf of a family in 
California.
  The family, Mr. and Mrs. B.K. Cho, are concerned about actions taken 
against them in South Korea in 1984. At that time, the Cho family owned 
one of the largest construction companies in the country. The Cho 
family alleges that their holdings were illegally transferred to two 
other companies, Cho Hung Bank and Daelim Industries. They also accuse 
officials of the then Chun government of ordering this transfer.
  Soon after their property was taken from them, the Cho family left 
for the United States. They have filed a lawsuit in California against 
Cho Hung Bank and Daelim Industries and their U.S. subsidiaries.
  Because of the strong concerns I have about this case, I had asked 
that this particular treaty be delayed until I had

[[Page S14227]]

the opportunity to further explore this matter. One of the concerns 
raised by the family was that the Korean Ministry of Foreign Affairs 
and Trade (MOFAT) had not served the court petition to the Cho Hung 
Bank and Daelim Industries. I have now been assured that this action 
has been taken. I ask unanimous consent that a letter dated September 
22, 1999 from the First Secretary of the Congressional Section of the 
South Korean Embassy be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                             Embassy of the Republic of Korea,

                               Washington, DC, September 22, 1999.
     Mr. Sean Moore,
     Office of Senator Barbara Boxer,
     U.S. Senate, Washington, DC.
       Dear Mr. Moore, in reference to my letter dated August 6, 
     1999, concerning the case of Mr. Cho Bong-Koo, I am pleased 
     to inform you that, according to the Korean Ministry of 
     Foreign Affairs and Trade (MOFAT), the Cho Hung Bank and the 
     Daelim Industrial Company have each received a court petition 
     at the end of August.
       The Embassy has also learned that these two entities are 
     planning to establish legal counsel to represent their 
     interests regarding this lawsuit. As was mentioned in the 
     attached letter dated August 24, 1998 and addressed to 
     Senator Boxer, the Korean Government is of the view that any 
     remaining questions in transferring the management of Samho 
     in the 1980's should be settled through legal procedures in 
     court.
       I thank you again for your interests and concern.
           Sincerely yours,

                                               Chang Beom Kim,

                                                  First Secretary,
                                            Congressional Section.

  Mrs. BOXER. Mr. President, I also have received assurances from the 
South Korean Ambassador, Dr. Lee Hong-koo, that his government will not 
interfere with the pending court case and expresses hope that legal 
proceedings will be conducted as quickly as possible.
  I ask unanimous consent that a letter to me dated November 5, 1999 
from Ambassador Lee be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                             Embassy of the Republic of Korea,

                                 Washington, DC, November 5, 1999.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer, I would like to take this opportunity 
     to express my appreciation for your support for the 
     ratification of the U.S.-Korea Extradition Treaty.
       I would also like to commend you on your efforts to assist 
     your Korean-American constituent, Mr. Cho Bong-Koo, who has 
     filed suit in the Los Angeles Superior Court against several 
     Korean corporations.
       I understand your concerns about this case and have 
     considered it with the utmost gravity. Given our respect for 
     the integrity of the U.S. legal system, it is inappropriate 
     for the Embassy or any Korean government official to 
     interfere in a case pending in your courts. However, in view 
     of the long duration of this matter of concern to the Cho 
     family, I remain hopeful that the legal proceedings will be 
     conducted in a timely manner, so that the case may be 
     resolved without delay.
       Please be assured that I understand your endeavor to help 
     ameliorate your constituent's concerns. As a public servant 
     in a democratic government, I fully recognize the importance 
     of your efforts. It is my belief that we will continue to 
     work well together on future matters.
           Sincerely,
                                                     Lee Hong-koo,
                                                       Ambassador.

  Mrs. BOXER. Mr. President, I support this treaty and will allow it to 
be cleared by the full Senate. I will continue to work with the Cho 
family and the South Korean government and hope that it can be resolved 
in a timely matter.
  Mr. DOMENICI. Mr. President, I ask for a division vote on the 
resolutions of ratification.
  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of these treaties, please stand 
and be counted. (After a pause.) Those opposed will rise and stand 
until counted.
  On this vote, two-thirds of the Senators present having voted in the 
affirmative, the resolutions of ratification are agreed to.

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