[Korean Law Insights] Special Voluntary Surrender Program for Overseas Indicted Individuals (1)
- K-Law Consulting_Administration
- Oct 24, 2022
- 3 min read
Updated: Mar 25
[Published on October 18, 2022 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
The Special Voluntary Surrender Program for overseas Korean nationals who have been placed under prosecutorial suspension of indictment in Korea is operated for two months every year, starting around November. In about a month, diplomatic missions, including the Consulate General of Korea in Los Angeles, will begin accepting voluntary surrender applications. However, in order to receive practical procedural benefits from the investigation—one of the key advantages of this program—it is crucial to be well-informed and prepared in advance.
Today, I will explain some important points that Koreans residing in U.S. under prosecutorial suspension of indictment should be aware of.
In simple terms, when the Korean prosecution issues a suspension of indictment, it means that the investigation has been put on hold.
This typically occurs when the suspect under investigation is overseas (such as in the U.S.), making it difficult to determine their whereabouts, leading the authorities to temporarily halt the investigation.
While some individuals may have fled to the U.S. after committing serious crimes, in most cases, people find themselves in this situation due to unfortunate or unfair circumstances.
The overuse of criminal complaints in Korea has been a subject of concern, and many cases that might not have led to actual criminal prosecution still end up being investigated once a complaint is filed. Many individuals could have easily resolved their cases if they had responded to the initial investigation. However, because they were in the U.S., their cases were instead placed under suspension of indictment.
A significant number of these cases involve financial issues from decades ago, particularly during the IMF crisis. Common examples include bounced checks, unpaid wages, or unpaid business loans. Many people ask whether these long-standing cases have expired due to the statute of limitations, but in reality, that is rarely the case.
If a person remains abroad specifically to avoid criminal prosecution, the statute of limitations is suspended. If someone has been out of Korea for an extended period, it is unlikely that the statute of limitations will be considered expired in practice.
Many overseas individuals under suspension of indictment are unaware of the specific charges against them, including the type of crime, the amount of financial damage involved, and the identities of the complainants.
Some people are completely unaware of their status as an indicted individual until they visit a Korean consulate to apply for or renew their passport, only to be informed of their legal situation. This is because, under Korean law, individuals under suspension of indictment are restricted from obtaining a passport.
In some cases, individuals only find out about their indictment status when they travel to Korea and are arrested upon arrival at the airport.
When issuing a suspension of indictment, the Korean prosecution may issue an arrest warrant or place the individual on a wanted list. They may also issue a designated notification, requiring the individual to appear before authorities within a specified period for investigation. If a person fails to comply with this notification, an arrest warrant is more likely to be issued.
Additionally, once an individual under suspension of indictment enters Korea, there is a high possibility that an exit ban will be imposed.
For Koreans residing U.S. visiting Korea for business or personal reasons, suddenly being unable to leave the country can be a serious problem. Many overseas Koreans who have received a suspension of indictment wish to resolve their legal issues so they can freely travel between Korea and the U.S.
In this context, utilizing the Special Voluntary Surrender Program can be a good option. However, some people mistakenly believe that applying for voluntary surrender automatically grants them investigative leniency. Others apply but fail to properly navigate the process, ultimately reverting to their original indictment suspension status.
In the next column, I will provide a more detailed discussion of the Special Voluntary Surrender Program and important considerations for applicants.
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Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
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