[Korean Law Insights] Special Voluntary Surrender Program for Overseas Indicted Individuals (2)

[Published on November 22, 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 began on November 1, 2022, and will run until December 31, 2022. This program allows individuals under suspension of indictment to request the resumption of their case investigation. To apply, the individual must personally visit a Korean diplomatic mission abroad. Currently, various Korean diplomatic offices, including the Consulate General of Korea in Los Angeles, are accepting applications for this program. 

Originally introduced in 2013 under the name IMF Suspension of Indictment Special Voluntary Surrender Program, the initiative initially applied only to specific offenses committed during the IMF crisis period (January 1, 1997 – December 31, 2001). These offenses included violations of the Illegal Check Control Act (e.g., bounced checks), violations of the Labor Standards Act (e.g., unpaid wages), and fraud (e.g., non-payment of dues). However, the current program has expanded its scope to include not only these offenses but also cases where the complaint or accusation has been withdrawn, cases where a settlement has been reached, and offenses that carry only a fine as a statutory penalty.

When an individual applies for the Special Voluntary Surrender Program, the Korean prosecution office may obtain consent from the complainant or victim to share their contact information with the applicant. This allows the individual to compensate the victim and reach a settlement. However, the prosecution does not mediate the settlement, meaning that the applicant must take active steps to compensate the victim and secure a written settlement agreement.

If the applicant successfully compensates the victim and reaches a settlement, they may undergo the investigation remotely (via written statements, phone calls, etc.) without returning to Korea. In such cases, the investigation may conclude with a disposition of non-indictment or a summary order for a fine. If the applicant is required to return to Korea for investigation, they may benefit from having their arrest warrant lifted, being investigated without detention, and receiving prioritized processing of their case. However, such benefits are contingent on the applicant fully compensating the victim and reaching a settlement.

If a case remains unresolved due to the failure to compensate the victim or reach a settlement, the individual will simply return to the status of suspension of indictment. There are no additional penalties solely for applying. Furthermore, in most cases, applying for this program does not result in notification to the U.S. government or forced extradition to Korea.

For overseas individuals with suspended indictments, this program presents an appealing opportunity. However, it is important to understand that voluntary surrender alone does not guarantee investigative leniency. Proper preparation and a clear plan for compensating the victim and reaching a settlement are essential. Based on my experience, seeking legal assistance to facilitate a smooth settlement process is highly advisable.

Many overseas Koreans under suspension of indictment abandon the idea of returning to Korea due to vague fears. However, with adequate preparation and a systematic approach, many cases can be resolved smoothly. I strongly encourage individuals to take advantage of this program, allowing them to freely travel to Korea, reunite with family, and resolve outstanding property issues. Even if there is no immediate need to visit Korea, resolving these legal matters in advance is a prudent course of action.

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Jin Hee Lee/K-Law Consulting Korean Attorney

[Reference link in original Korean] 

https://news.koreadaily.com/2022/11/22/economy/economygeneral/20221122221953388.html