The Ministry of Justice's decision to refuse a public request regarding the extradition process of criminals abroad has been reported to be illegal, according to a first-instance court ruling on the 22nd.
The Administrative Division 2 of the Seoul Administrative Court (presided over by Director General Ko Eun-sil) ruled in favor of the plaintiff on April 10 in a lawsuit filed by Mr. A against the Minister of Justice challenging the refusal of the information disclosure.
Mr. A was sentenced to 15 years in prison in 2021 for importing approximately 2.003 kg of methamphetamine worth about 100 million won in collusion with a supplier living in Cambodia.
During the trial, Mr. A claimed, "I was only trying to receive health supplements and specialty products sent by Mr. B, who lives in Cambodia, and I had no idea there was methamphetamine inside them." He also submitted a handwritten confirmation from Mr. B as evidence. However, the court rejected this content as difficult to believe.
Mr. A reported Mr. B to the Daejeon District Prosecutors’ Office, but the prosecution suspended prosecution, stating that Mr. B had left the country and his whereabouts were unknown. Consequently, Mr. A requested the Ministry of Justice in October 2023 to disclose when Mr. B would be extradited to Korea and details about the progress of the extradition process.
However, the Ministry of Justice decided to withhold the information, stating that it fell under Article 9, Paragraph 1, Subparagraphs 2 and 4 of the Act on the Disclosure of Information by Public Agencies. This provision allows for non-disclosure if it is deemed to harm national interests regarding "national security, defense, unification, and diplomatic relations" and "information related to ongoing trials and matters pertaining to prevention and investigation of crimes."
Mr. A filed a lawsuit seeking the cancellation of the decision, claiming that the information he requested did not fall under these categories.
The Minister of Justice's side argued that "the spread of the perception that Korea discloses information related to the extradition of criminals will undermine trust in confidentiality" and that "this could significantly interfere with ongoing or future extradition of criminals and adversely affect the signing of new extradition treaties with other countries."
However, the court stated, "This information falls under the provisions of the information disclosure law regarding 'matters related to diplomatic relations,'" but noted that "it is unclear what significant interests of the state would be harmed if the information is disclosed." It continued, "To unconditionally withhold information related to the extradition of criminals solely for that reason would greatly undermine the public's right to know and the purpose of the information disclosure law."
The court also stated, "It is difficult to conclude that trust in Korea will be significantly damaged by the mere fact of disclosing this information to Cambodia and other countries," adding, "There are no provisions concerning the confidentiality of extradition requests in the extradition treaty between Korea and Cambodia."