Possibility of Kwon Do-hyung's Domestic Extradition 'Uncertain'... Montenegro's Own Detention Adds to the Challenges

The possibility of extraditing Kwon Do-hyung, CEO of Terraform Labs, who fled overseas and was captured in Montenegro on the 24th, is becoming increasingly uncertain.

The prosecution investigating the Terra-Luna incident stated on the 29th that it is difficult to predict the likelihood of bringing Kwon Do-hyung, CEO of Terraform Labs, back to South Korea. Kwon is currently detained locally by decision of the Montenegrin court.

A representative from the Seoul Southern District Prosecutors' Office said the day before that regarding the possibility of Kwon's extradition to South Korea, "There are very few cases in judicial history where multiple countries compete over the extradition of a single suspect, so it is difficult to predict," adding, "We believe bringing him to South Korea would be most helpful for victim restitution."

The prosecution explained that Montenegro's decision is crucial. A prosecution official said, "Even experts with experience in international law cannot predict whether domestic priority extradition is possible," adding, "Some experts believe there are international law standards that allow (domestic extradition), but those standards are not binding." He further stated, "It seems important which country Montenegro decides to send him to, and the fact that Montenegro itself has declared it will punish him first is also a variable." The Montenegrin court extended the detention period for Kwon and his associate Han by up to 30 days on the 24th. Because Kwon used a forged passport, he has become a criminal suspect even in Montenegro. Passport forgery offenders in Montenegro can face up to five years in prison.

The prosecution stated it will do its best to secure Kwon's extradition to South Korea for the recovery of domestic victims. The prosecution and the Ministry of Justice have taken all possible procedural measures with Montenegro to bring Kwon back. They are also preparing to dispatch investigators to Montenegro. However, a prosecution official said, "If our judicial police officers operate in another country, the host country may feel uncomfortable," adding, "If necessary, we have investigators on standby to send to Montenegro." Regarding some domestic public opinion suggesting "Send Kwon Do-hyung to the United States," the official said, "I understand the public opinion because the punishment level in the U.S. is severe," but also predicted, "In South Korea, a heavy sentence of over 30 years can also be imposed."

The prosecution's stance is that indicting Kwon before suspect investigation should be carefully considered due to the statute of limitations. A prosecution official said, "The Korean prosecution can indict before investigation if unavoidable, but unless there are very special circumstances, it does not," adding, "Although the statute of limitations for a suspect who fled abroad can be suspended, once indicted, the trial does not stop."