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A Legal Regulations on Cross-Border Police Investigation Activities

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.565~603
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 10, 2026
  • Accepted : May 23, 2026
  • Published : May 31, 2026

박노환 1

1호서대학교

Accredited

ABSTRACT

Transnational police investigation activities (transnational police cooperation) are carried out by striking a balance between the principle of judicial independence of each country and the rules of international law. This is primarily based on legal grounds established through international treaties, mutual judicial assistance, and Interpol. The main legal regulations and contents are as follows. Multilateral treaties such as the UN Convention Against International Organized Crime (UNTOC) or the Cybercrime Convention (Budapest Convention) establish the legal framework for investigative cooperation between countries. A bilateral treaty, Mutual Legal Assistance Treaty (MLAT), concluded between nations that stipulates specific procedures for investigative cooperation, such as evidence collection, witness examination, and search and seizure. In the case of Korea, the ‘Act on International Criminal Justice Cooperation’ and the ‘Extradition Act’ serve as the domestic legal basis for supporting transnational investigations. Rapid exchange of crime information and investigation techniques regarding international crime (drugs, organized crime, cybercrime) takes place through Interpol and other organizations. Police from relevant countries form a joint investigation team to cooperate on a specific case. Cross-border investigative cooperation is conducted in areas such as drug trafficking, counterfeiting, and criminal tracking. In principle, police officers possess investigative authority only within their own territory; therefore, coercive investigations (seizure, search, arrest) in the territory of another country are permitted only through mutual cooperation within the scope that does not infringe upon the sovereignty of that country. Crimes occurring in cyberspace, such as the Internet, weaken the significance of national borders, leading to legal issues regarding user consent and server location in matters such as data disposal. The human rights of suspects and due process must be observed even during transnational investigations. In conclusion, cross-border investigations are evolving to strengthen practical cooperation within the international judicial cooperation framework , pursuing rapid responses through technical support and the sharing of best practices.

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