In Re Request for Judicial Assistance From the Seoul District Criminal Court, Seoul, Korea. Young Sool Shin v. United States

Young Sool Shin has taken this appeal from an order by the District Court of the Northern District of California commanding the Bank of Tokyo of California (now California First Bank) to produce certain bank records respecting appellant’s account with that bank. The order was issued in response to a request for judicial assistance issued by the Seoul District Criminal Court, Republic of Korea, pursuant to 28 U.S.C. § 1782 . The request was transmitted by the Korean Embassy to the Department of State, and by the Department of State to the Department of Justice. It was presented to the court below by the United States Attorney, and the Department of Justice is here representing the Seoul District Criminal Court, and the United States is named herein as appellee.

Section 1782 provides in part:

The principal question upon the merits of the appeal is whether the request was entitled to be honored by the district court under § 1782.

1. Jurisdiction

The government does not here dispute the appealability of the order granting the request. We feel, however, that we should express our view that it was final and therefore appealable. In In re Letters Rogatory from City of Haugesund,…