The Montenegrin Court of Appeals said on its website on the 5th (local time) that it “accepts the defendant Kwon’s appeal and invalidates the decision of the Podgorica High Court.” It invalidated the High Court’s decision to repatriate Kwon to the U.S. and made the case re-examination. Earlier, when the Podgorica High Court decided on Kwon’s extradition to the U.S. on the 20th of last month, it judged that the U.S. request for extradition was made on March 27 last year, a day before the Korean request document arrived. The appeals court said, “It is true that South Korea requested temporary detention on March 27 last year through the Montenegrin Ministry of Foreign Affairs and delivered a letter from the U.S. Embassy in Korea with a request for extradition a day later. However, the Korean Ministry of Justice sent a request for extradition to the U.S. on March 24 and also provided it in the Montenegrin language on the 26th.” “The first trial court did not link the act to the request for extradition. If it is submitted by electronic means that receives international legal support from foreign law enforcement authorities and the request is confirmed, it should be considered if the request is submitted by electronic means, it can confirm its authenticity and is ready to submit the original request within 15 days.”As a result, the possibility of Kwon’s extradition to Korea cannot be ruled out. When Kwon was decided to go to the U.S. in accordance with the decision of the High Court, Kwon claimed to go to Korea and expressed his will to appeal. From Kwon’s point of view, the Korean trial seems to have played a far more favorable role than the U.S. trial.
Kwon is a key figure in the “Terra and Luna Crash,” which is estimated to have caused about 50 trillion won in damage to investors around the world. Both South Korea and the U.S. requested his repatriation as he was arrested on charges of a fake passport in Montenegro in March last year. Public opinion is dominated by the argument that he should be repatriated to the U.S., where he can be sentenced to more than 100 years in prison.
EJ SONG
US ASIA JOURNAL
