송환요청신청 거부처분 취소 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is the representative director of C Co., Ltd. (hereinafter referred to as “instant company”) which is a subsidiary of B and the United States of America (hereinafter referred to as “U.S.”).
On February 16, 2012, the U.S. Federal Prosecutor's Office prosecuted the Plaintiff as a general fraud and a violation of the Foreign Trade Act, and requested the Republic of Korea on November 16, 2012 (hereinafter "Korea") to surrender the Plaintiff to the Republic of Korea.
On January 12, 2015, the public prosecutor of the Seoul High Public Prosecutor's Office requested the Seoul High Public Prosecutor's extradition review against the plaintiff, and the Seoul High Public Prosecutor's Office permitted the delivery of the plaintiff to the United States by the decision of February 17, 2015.
(hereinafter referred to as “instant extradition permission.” The Defendant ordered the chief public prosecutor of the Seoul High Public Prosecutor’s Office to deliver the Plaintiff according to the above decision, and the public prosecutor of the Seoul High Public Prosecutor’s Office delivered the Plaintiff to the United States around that time.
On November 23, 2015, the Plaintiff filed a civil petition on the D website to the effect that “the Republic of Korea may guarantee and release it, prevent a tort by sending official documents to the United States, and cause the United States to resolve the issue of compensation for damages to the Plaintiff and the company of this case through diplomatic negotiations.” On December 4, 2015, the Defendant sent a reply that it is difficult for the Plaintiff to participate in the specific trial proceeding in other countries in relation to the case transferred to a foreign country through a court’s decision on extradition.
On December 5, 2015, the Plaintiff filed a new civil petition on the D website to the effect that the above civil petition is unfair, but the Defendant sent a reply to the same effect as before December 24, 2015.
On January 19, 2016, the Plaintiff filed a civil petition on the D website to the effect that “The United States is proceeding with a trial for a crime other than the crime to which it was bound in violation of the extradition treaty,” and that “a request for immediate release is made.” The Defendant filed a civil petition with the same content three times or more on January 26, 2016.