[Korean Law Insights] Special Voluntary Surrender Program for Overseas Fugitives with Suspended Indictments

[Published on November 22, 2023 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]

• Must maintain South Korean nationality and apply in person

• Compensation for damages and agreement with the victim must be settled in advance

As in previous years, the Special Voluntary Surrender Program for Overseas Koreans with Suspended Indictments (hereinafter referred to as "the Program") will be implemented from November 1 to December 31. Last year, this column covered the key details and important considerations of the Program in two separate articles. This time, I would like to provide a more detailed and practical explanation of important considerations.

First, since this Program is intended for overseas Koreans, U.S. permanent residents are eligible, but U.S. citizens are generally not. However, U.S. citizens should not immediately assume they are ineligible; it is worth exploring whether any options are available. It is also important to remember that acquiring U.S. citizenship does not automatically nullify a suspended indictment by the Korean prosecution. Even after obtaining citizenship, individuals may still be arrested, investigated, or subjected to a travel ban upon entering Korea due to the pending case. In short, resolving a suspended indictment remains necessary even after obtaining foreign citizenship, and it is advisable to consult with an expert to explore possible ways to utilize this Program.

In principle, to utilize this Program, the applicant must visit the overseas diplomatic mission in person, as applications cannot be submitted through a representative. However, if an in-person visit is impossible and identity verification can be conducted through mail or other means, an exception may be made to allow submission by mail. If you find yourself in such a situation, it is advisable to first consult with the relevant consular officer or legal affairs liaison at the jurisdictional overseas diplomatic mission.

To apply for this Program, the applicant must complete and submit a Request for Reinvestigation of Suspended Indictment Case (for Diplomatic Mission Use) (hereinafter referred to as the 'Request Form') to the relevant overseas diplomatic mission. Simply put, a request for reinvestigation is an application asking for a resumption of the investigation into a case that was suspended due to factors such as the suspect residing abroad. Therefore, in addition to personal information, the Request Form requires details about the case. However, as these cases are often old and may have been suspended without the applicant’s knowledge, completing the form can be challenging. Moreover, obtaining case details from the Korean prosecution while residing in the U.S. is difficult. Considering these challenges, applicants may submit the form as long as they accurately fill out the applicant section and provide case-related details to the best of their knowledge.

The key aspect of this Program is that individuals can undergo investigation and have their case resolved remotely from the U.S. without having to travel to Korea. One important point to keep in mind is that applying for this Program does not automatically guarantee case closure. First, the applicant’s case will be reviewed to determine whether it qualifies for the Program. Even if the case is deemed eligible, the applicant must still compensate the victim and reach a settlement in order to fully benefit from the Program. Another critical point is that the Korean prosecution does not mediate compensation or settlements with the victim; the applicant must handle this process independently. Based on my experience, ensuring a smooth and legally secure resolution requires various documents and procedural steps, so I strongly recommend seeking professional assistance.

▶Inquiries: (424)218-6562

Jin Hee Lee/K-Law Consulting Korean Attorney

[Reference link in original Korean] 

https://news.koreadaily.com/2023/11/22/economy/economygeneral/20231121235132670.html