CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to promote an international cooperation in the repression and prevention of crimes, by providing the scope, procedure, etc. of mutual assistance made at the request of, and requesting to, any foreign country in connection with any investigation or trial of a criminal case.
Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows:
1. The term "mutual assistance" means to give or receive any cooperation necessary for the investigation or trial of a criminal case between the Republic of Korea and a foreign country;
2. The term "mutual assistance treaty" means any treaty, convention, etc. relating to mutual assistance, which are concluded between the Republic of Korea and a foreign country;
3. The term "requesting country" means a country requesting mutual assistance to the Republic of Korea; and
4. The term "crime under mutual assistance" means a crime which is the object of mutual assistance.
Article 3 (Relation with Mutual Assistance Treaty)
In a case where a mutual assistance treaty includes different provisions from those of this
Act, with respect to mutual assistance, the provisions of the treaty shall prevail over the provisions of this Act.
Article 4 (Reciprocity)
Even in a case where a mutual assistance treaty is not concluded, if there is a guarantee of a requesting country to comply with any request of the Republic of Korea for mutual assistance, with respect to the same or similar matters, this Act shall be applicable.
