Korea v. Jung

Korea v. Jung

The AGC's Vukelich application is granted because Mr. Jung failed to demonstrate an air of reality to support a voir dire or a reasonable prospect of a stay for abuse of process; the record is speculative and lacks reliable evidence that the Korean prosecutions were used to collect civil debts or that Korean authorities were improperly influenced; committal materials show independent investigative steps including interviews and a guilty plea in the Kim‑J matter, weighing against a finding of abuse.

Citation
2020 BCSC 1978
Parties
Requesting State: Attorney General of Canada (on behalf of the Republic of Korea); Person Sought: Myung Soo Jung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 December 2020
Procedural Posture
Extradition / Vukelich Summary Dismissal Application on Abuse of Process (committal Stage)
Outcome
AGC's Vukelich application granted; Mr. Jung's abuse of process application dismissed; no voir dire ordered
Legal Topics
Abuse of Process, Stay of Proceedings, Voir Dire Air of Reality Test, Committal for Extradition, Allegations of Improper Influence/corruption
Source Language
English
Criminal Law Extradition Law Immigration and Refugee Law Constitutional Law (charter) Abuse of Process Stay of Proceedings Voir Dire Air of Reality Test Committal for Extradition +1 more

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Parties

Attorney General of Canada (on behalf of the Republic of Korea)

Requesting State

Myung Soo Jung

Person Sought

Procedural Posture

Extradition / Vukelich Summary Dismissal Application on Abuse of Process (committal Stage)

Legal Issues

  1. 1 Whether there is an air of reality that the Korean prosecutions were used to collect civil debts
  2. 2 Whether Korean authorities were improperly influenced or complicit in pursuing charges to recover civil debts
  3. 3 Whether a voir dire under Vukelich/Ranga should be ordered

Ratio Decidendi

The AGC's Vukelich application is granted because Mr. Jung failed to demonstrate an air of reality to support a voir dire or a reasonable prospect of a stay for abuse of process; the record is speculative and lacks reliable evidence that the Korean prosecutions were used to collect civil debts or that Korean authorities were improperly influenced; committal materials show independent investigative steps including interviews and a guilty plea in the Kim‑J matter, weighing against a finding of abuse.

Court Disposition

AGC's Vukelich application granted; Mr. Jung's abuse of process application dismissed; no voir dire ordered

Orders

  • AGC's Vukelich summary dismissal application granted
  • Application of Myung Soo Jung seeking a stay of the extradition proceedings for abuse of process dismissed