Court Rejects Motion to Recuse Judge in Mostan's Exit Ban Case, Citing Lack of Grounds

▲ Mostan

A motion to recuse a judge filed by Mostan, a professor at Liberty University in the United States who is currently under an exit ban while being investigated for allegedly defaming President Lee Jae-myung, has been rejected.

The Seoul Administrative Court's 5th Administrative Division (Presiding Judge Lee Jung-won) dismissed the recusal motion filed by Professor Tan against Judge Wi Ji-hyun of the 1st Administrative Division yesterday (June 22).

A motion for recusal is a legal procedure under the Criminal Procedure Act that allows a prosecutor or defendant to request the removal of a judge if there is concern that the judge may not conduct a fair trial.

Previously, Lee Ha-sang, the attorney representing Professor Tan, filed the motion on June 10, arguing that Judge Wi had made a decision unfavorable to the professor by dismissing his request to suspend the exit ban.

The attorney also announced plans to file criminal charges against Judge Wi.

However, the court did not accept any of the arguments presented by Professor Tan's side.

While Professor Tan's side claimed that Judge Wi had delayed the decision on the suspension request, the court rejected this, noting that the exit ban was issued on June 1, a hearing was held on June 2, and the decision to dismiss the request was delivered on the morning of June 4.

The court stated, "The fact that the timing or the result of the decision on the suspension request differed from the expectations of Professor Tan's side does not mean that the judge will conduct an unfair trial in the main case."

Regarding the claim that the judge would be biased due to the criminal complaint filed against him, the court explained, "It is difficult to see any objective circumstances that would suggest a judge would conduct an unfair trial simply because they were unilaterally reported by a party to the case."

Professor Tan, who served as the Ambassador-at-Large for Global Criminal Justice at the State Department during the first Trump administration, has sparked controversy by raising conspiracy theories, such as claims that "China interfered in South Korea's fraudulent elections" and that "President Lee Jae-myung was in a juvenile detention center when he was young."

Police, who booked Professor Tan for defamation against President Lee in July of last year, requested his appearance after he entered South Korea on May 28, ahead of the June 3 local elections, claiming he was there to monitor and verify the fairness of the elections.

When Professor Tan failed to appear and submitted a written excuse, the police requested an exit ban from the Ministry of Justice on June 1.

Subsequently, the Ministry of Justice imposed an exit ban on Professor Tan effective until June 30.

Professor Tan filed a lawsuit to cancel the ban along with a request for a stay of execution. On June 4, the court dismissed the stay of execution, ruling that the public interest served by maintaining the exit ban outweighed the damages to Professor Tan.

Professor Tan's side has filed an immediate appeal against the dismissal and is awaiting a decision from a higher court.

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