Montenegro court overturns US extradition
“Korea’s extradition request is three days earlier than the U.S.”
Local prosecutor’s appeal – Minister’s approval variable remains
Some victims say, “We have to go to the U.S. where we can face up to 100 years in prison.”
A Montenegrin court overturned the previous ruling to extradite Kwon Do-hyung (33), CEO of Terraform Labs, the main culprit in the collapse of virtual assets Terra and Luna, to the United States and decided to extradite him to Korea. Local European media outlets also evaluated it as “the latest twist that exceeds expectations.”
However, the race for repatriation between the United States and Korea is not over yet. There is a possibility that Montenegro prosecutors will appeal against the court decision, and the final approval process from the Attorney General, who indicated the need to extradite Mr. Kwon to the United States, remains. It has been reported that the U.S. Department of Justice also expressed its position in response to the court’s decision, saying, “We will re-pursue Mr. Kwon’s extradition to the United States.”
If Mr. Kwon, who is estimated to have caused investment damage of more than 50 trillion won worldwide, is repatriated to Korea, the possibility of Korean victims receiving compensation before the United States increases even slightly. However, some domestic victims are concerned about ‘soft punishment’ in Korea and are requesting extradition to the United States, where a severe sentence of 100 years or more is possible.
Local daily newspaper Byesti and Bloomberg News reported on the 7th (local time), “The Podgorica High Court in Montenegro overturned the U.S. extradition decision for Mr. Kwon and decided that he should be extradited to Korea.”
This decision comes after the Montenegrin Court of Appeals accepted Mr. Kwon’s appeal on the 5th, invalidated the existing decision of the Podgorica High Court, the first trial court, to extradite him to the United States, and ordered a retrial. The appeals court ordered a retrial at the time and stated the reason, “The Korean Ministry of Justice requested extradition via English e-mail on March 24 last year, three days earlier than the United States.”
The court also determined that although the U.S. government sent an official document to the court on March 23, it could not be considered a request for extradition as it only contained a request for temporary detention of Mr. Kwon. The official document requested on the 27th was viewed as a formal extradition request. In contrast, Korea made a request on the 24th and attached a request for extradition of criminals.
Bloomberg News evaluated this decision as “the latest twist in Mr. Kwon’s legal journey.” As the Montenegrin Ministry of Justice indicated the need for extradition to the United States, there was a prevailing expectation that the appeals court would accept the High Court’s decision to extradite the person to the United States.
Mr. Kwon’s lawyer, Goran Rodic, told Bloomberg News that “Once he completes his sentence for using a fake passport at the end of this month, he could be repatriated to Korea.”
On March 23 last year, Mr. Kwon was arrested at the airport in Montenegro, Balkan Peninsula, Eastern Europe, while trying to leave the country with a false passport. From this point on, competition between Korea and the United States to request extradition for Mr. Kwon began.
However, it is still difficult to consider Mr. Kwon’s repatriation to Korea as confirmed. This is because the prosecution may object to the court’s decision. Court spokeswoman Marija Rakovich also said, “As long as the prosecution does not appeal, Mr. Kwon could be extradited soon.”
Final approval from the Montenegrin Minister of Justice is also a variable. Justice Minister Andrej Milovich has weighed in on going to the United States, saying, “The United States is our most important foreign policy partner.” Bloomberg News said, “Due to the geopolitical situation facing the small Balkan Peninsula country (Montenegro), a member of the North Atlantic Treaty Organization (NATO), extradition to the United States is preferred,” adding, “There is a possibility that the Montenegrin government is considering related measures.” and analyzed. According to Bloomberg News, the U.S. Department of Justice also announced its intention to pursue extradition in a statement on the 7th, saying, “The United States continues to pursue the extradition of Kwon (Dohyeong) in accordance with relevant international and bilateral agreements and Montenegrin law.”
If Mr. Kwon’s repatriation to Korea is finally decided, a way will be opened for Korean victims to receive relief before those in the United States. However, the domestic victims’ group said in a statement that day, “Kwon Do-hyung wants to pay an astronomical fee to a top domestic law firm and be absolved of the coin fraud crime,” and “The first and last wish of the victims is to be sent to the United States where he will be properly punished.”
Prosecutors are also preparing for an investigation into Mr. Kwon. The Terra and Luna crash is currently being handled by the Seoul Southern District Prosecutors’ Office’s Joint Investigation Department for Financial and Securities Crimes, and it is known that the policy is to secure new recruits and investigate as soon as Mr. Kwon enters the country. Han Chang-jun (38), a close associate of Mr. Kwon and former CEO of Chai Corporation, who was arrested in Montenegro and repatriated to Korea on the 6th of last month, was transferred to the Seoul Southern District Prosecutors’ Office on the day of repatriation and questioned.
If the Montenegrin Ministry of Justice approves Mr. Kwon’s repatriation to Korea, it will notify the Korean Ministry of Justice and discuss specific extradition procedures. Justice Minister Park Seong-jae said on the 8th, “I understand that there is not much time left for detention,” and added, “If we receive formal notification in the future, we will quickly take necessary measures in consultation with the Ministry of Foreign Affairs and Montenegrin authorities.”
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Source: Donga
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.