▲ Morse Tan (Korean name: Dan Hyun-myung), former U.S. Liberty University professor
Korean-American Morse Tan (Korean name: Dan Hyun-myung), a former professor at U.S. Liberty University who was indicted on charges of defaming President Lee Jae-myung, has lost his administrative lawsuit seeking to cancel the extension of his travel ban.
Judge Kim Tae-hwan of the 3rd Administrative Division of the Seoul Administrative Court ruled against the plaintiff today in the travel ban extension cancellation lawsuit filed by the former professor against the Ministry of Justice.
Consequently, the travel ban against the former professor will remain in effect until the 15th of next month.
Earlier today, the court dismissed the former professor's third request to cancel the travel ban and his application for a suspension of execution.
The court explained that the disadvantage suffered by the plaintiff is not excessively large compared to the public interest sought through the measure, meaning the Ministry of Justice did not abuse or exceed its discretionary power.
The court noted that the former professor had previously refused to receive a summons from investigative authorities and showed an attitude of evading judicial procedures without offering any specific defense against the charges during suspect interrogation, raising the possibility that he might not re-enter the country if permitted to leave.
The court stated, "In light of various circumstances such as the plaintiff's potential flight abroad, it is difficult to view the disadvantage experienced by the plaintiff as outweighing the public interest needs, such as securing the state's penal authority and discovering substantive truth, which the measure aims to achieve."
Dismissing the former professor's argument that the travel ban violates the presumption of innocence, the court added, "The travel ban order is an administrative measure restricting the freedom of departure for a foreigner undergoing a criminal trial. It is difficult to view it as imposing sanctions carrying social condemnation or retributive meaning based on guilt against a person undergoing a criminal trial."
Regarding the second request to cancel the travel ban, the court dismissed it on the grounds that its effectiveness has already expired, leaving no legal interest in seeking its cancellation.
Following the former professor's indictment, the Ministry of Justice lifted the previous measure and newly issued a third travel ban order.
In a press conference following the ruling, the legal representatives for the former professor stated, "We will appeal as soon as possible," while adding, "We do not hold high expectations."
The representative stated, "We believe that the judiciary has completely forgotten its responsibilities and, through today's ruling, has self-proven the collapse of the separation of powers and constitutional order, as well as the demise of the rule of law."
They further remarked, "Issuing a travel ban at the prosecution stage is nothing more than a preliminary preparation procedure for indictment unrelated to the investigation," adding, "As a citizen and a legal professional of the Republic of Korea, I cannot help but feel devastated that such a thing has happened in a nation governed by rule of law."
The former professor, who served as Ambassador-at-Large for Global Criminal Justice during the first U.S. Trump administration, was investigated domestically on charges of making false remarks during a press conference in the U.S. last year, alleging that President Lee was involved in a murder case during his youth and was confined in a juvenile detention center.
He entered South Korea on May 28 and was subjected to the first travel ban after failing to comply with police summons.
Police sent the former professor to prosecutors without detention on the 1st of last month on charges including defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the prosecution subsequently lifted the existing travel ban and issued a second travel ban order.
Initially, this lawsuit was filed to cancel the second measure, but after the Ministry of Justice issued the third travel ban following the former professor's indictment on the 16th, the former professor's side expanded the scope of their claims to seek the cancellation of both the second and third measures.
The former professor previously filed a lawsuit and an application for suspension of execution against the first travel ban, but they were dismissed. An immediate appeal filed by the former professor's side was also dismissed on the 28th.
Additionally, the former professor filed a motion for recusal, arguing that a fair trial could not be expected given that Judge Wi Ji-hyun of the 1st Administrative Division of the Seoul Administrative Court—the same judge who handled the first travel ban suspension case—was also presiding over the main lawsuit. This motion was likewise dismissed.
The former professor's side has filed an immediate appeal against this decision as well.
The first public trial for the former professor's defamation charges is scheduled for September 11.
(Photo: Yonhap News)
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