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Terra founder Do Kwon's S'pore work pass expires on Dec 7; Seoul issues his arrest warrant

Mr Kwon Do-hyeong has apparently applied to renew his employment pass, but this may now be in jeopardy.PHOTO: BLOOMBERG
Joyce Lim
Sep 18, 2022
SINGAPORE - The Singapore-based entrepreneur Kwon Do-hyeong who faces arrest in his native South Korea over fraud allegations faces an uncertain future here as his Employment Pass (EP) is nearing expiration.
Mr Kwon, better known as Do Kwon, has apparently applied to renew his EP, which expires on Dec 7, but this may be in jeopardy as South Korean authorities have moved to invalidate his passport in a bid to force him to return.
There are also reports that officials in Seoul are preparing to file an extradition request in Singapore to have Mr Kwon, co-founder of collapsed cryptocurrency operator Terraform Labs, returned.
The risks to 31-year-old Mr Kwon's continued presence in Singapore were raised dramatically on Wednesday when a court in Seoul issued an arrest warrant for him over fraud claims.
Warrants were also issued for five other people staying here. These involve allegations that include violations of South Korea's capital markets law.
Mr Kwon's EP expires on Dec 7 but his renewal or application for a new pass is pending approval.
Do Kwon is currently not in Singapore, the police have confirmed.
Manpower Ministry (MOM) records also show that Mr Kwon's application for an EntrePass was rejected.
The EntrePass allows eligible foreign entrepreneurs to start and operate a business in Singapore that is venture-backed or possesses innovative technologies.
The Singapore-registered Terraform Labs, which had a paid-up capital of $12, is behind the collapsed Terra Luna and TerraUSD cryptocurrencies.
TerraUSD, also known as UST, crumbled from its dollar peg and brought down the Terraform ecosystem in May.
The Terra Luna coin, which is affiliated to UST, saw its value tumble dramatically from a high of over US$100 to 9 US cents.
A police report was filed in May by a "concerned citizen" who claimed to know of more than 1,000 Singaporeans who had invested in UST and Luna.
The Straits Times understands that the police were not investigating at the time the report was filed. But it said it will assist the Korean National Police Agency "within the ambit of our domestic legislation and international obligations".
South Korean prosecutors and police are investigating Mr Kwon and his company after two complaints were filed on behalf of 81 investors over allegations that the business deceived investors, Financial Times reported.
The report said prosecutors were exploring ways to arrest and extradite Mr Kwon from Singapore, including cooperating with Interpol or nullifying his South Korean passport. Singapore is not on South Korea's list of bilateral extradition treaties.
Lawyer Sunil Sudheesan, who heads the criminal department at Quahe Woo & Palmer, said: "All countries have extradition difficulties when there are no mutually enforceable extradition treaties. Korea will therefore have some difficulty requesting the return of Mr Kwon.
"However, if there is an Interpol red notice on Mr Kwon, this might spur a heightened level of cooperation."
Veteran criminal lawyer Rajan Supramaniam from Regent Law said: "MOM takes a firm stance against foreigners who break the laws.
"Generally, if there is a police case or lawsuit against a work pass holder or any adverse records, such as being involved in a scam, the MOM will take all these factors into consideration when the work pass holder tries to renew his work pass.
"The authorities can make a discretionary decision when there are complaints against work pass applicants," added Mr Rajan, who has handled many cases involving work pass holders.
It is unclear if the South Korean arrest warrant for Mr Kwon will affect his ability to continue to work in Singapore.
ST understands that an applicant needs a valid passport at the point of applying for an EP. However, the issued pass is not tied to the passport's validity so it will still be operational if the passport expires at some point.
Mr Rajan noted that EPs can be revoked if the holder breaches the law, adding: "This will be evaluated at the point of conviction if it falls under the jurisdiction of other countries."