[Published on October 23, 2024 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
Understanding the Case and Reaching an Agreement Are Key
Addressing Arrests, Travel Bans, and Related Issues Simultaneously Is Crucial
Each year, from November 1 to December 31, the Special Voluntary Surrender Program for individuals with overseas indictment suspensions is implemented. Overseas indictment suspension refers to cases where investigations are halted because the accused resides abroad. Through the Special Voluntary Surrender Program, individuals can undergo investigations remotely from the U.S. without traveling to Korea, potentially resulting in the resolution of the case and the dismissal of the indictment suspension. However, not everyone or every case qualifies for this program, so it’s essential to first determine whether you are eligible. The issue is that many people are unaware of the reasons or circumstances behind their indictment suspension.
In many cases, individuals with overseas indictment suspensions are not even aware that a complaint has been filed against them. For example, they may only find out when visiting a consulate to renew their passport and are informed of the suspension. In Korea, filing a complaint with the police or prosecutor's office often leads to the initiation of an investigation. If the accused resides abroad and cannot be contacted (even without their knowledge), the case may result in an indictment suspension. In some instances, suspensions occur due to complaints based on false information.
When under indictment suspension, passport issuance may be denied under Korean passport laws, and individuals may face arrest upon entering Korea due to being on the wanted list. Arrests can trigger immediate investigations, and in severe cases, individuals may be barred from leaving Korea until investigations or subsequent criminal trials are concluded. There are cases where individuals planning a short visit to Korea were unable to return to the U.S. for an extended period due to such restrictions.
Therefore, if you discover you are under indictment suspension, it is crucial to understand the details of your case and take appropriate action. This often involves contacting the relevant prosecutor’s office to obtain documentation, such as the case disposition record, to gain clarity on the matter.
For those eligible for the Special Voluntary Surrender Program, submitting a well-prepared "Request to Resume Suspended Indictment Case" to the relevant overseas consulate is necessary. However, the key factor is negotiating effectively with the complainant or victim. This process includes obtaining their contact information and ensuring the negotiation proceeds amicably. The most important part is drafting a settlement agreement. The case will only be closed once the settlement agreement is submitted to the prosecutor. There have been instances where individuals paid settlement amounts but suffered setbacks due to improperly drafted agreements.
It’s important to note that the prosecution does not mediate these settlements; you must handle them personally. While the prosecution may provide contact information for the complainant or victim within their limits, the negotiation itself is conducted directly between the parties. In some cases, settlements proceed more smoothly without attorney involvement, while in others, attorney mediation is essential. Thus, consulting with an attorney beforehand to determine the best approach for reaching a successful settlement is highly recommended.
Handling overseas indictment suspension cases independently can be challenging. This involves not only drafting necessary documents and organizing evidence but also addressing related issues such as arrests and travel bans. While the Special Voluntary Surrender Program has a high threshold, it offers significant benefits such as remote investigations and expedited case processing. Therefore, it is advisable to collaborate with an expert to fully utilize this program.
▶Inquiries: (424)218-6562
Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
Comentários