Court Upholds Entry Ban on Tycoon with Sex Offence Record, Rejecting Claims of Jeju Disadvantages

A court has ruled that an immigration decision denying entry to a foreign-national corporate figure who previously received a suspension of indictment for a sex crime in South Korea is justified.

The Seoul Administrative Court ruled against the plaintiff in a lawsuit filed by an Australian corporate figure seeking to cancel the entry denial issued by the head of the Incheon Airport Immigration and Foreigner Office.

The Chinese businessman, who acquired Australian citizenship in 2025, is a major tycoon who purchased land in the Jeju area for about 33.8 billion won and has been undergoing approval procedures to build accommodation and resort facilities.

He had previously received a suspension of indictment 8 years ago for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes after committing indecent acts by abusing occupational authority against a Korean woman.

The Incheon Airport Immigration and Foreigner Office deemed that the businessman's past history of a sex crime fell under the grounds for an entry ban pursuant to the Immigration Control Act, and thus issued the entry denial.

Article 11 of the Immigration Control Act stipulates that entry can be prohibited for individuals "recognized as likely to cause harm to public hygiene."

The businessman filed a lawsuit to contest the decision.

He reportedly argued, "I have not caused any further trouble for over 8 years since the suspension of indictment," adding, "I have no other criminal record and no risk of reoffending."

He also stated, "Considering the scale of my investment in South Korea, there is no reason to believe I would harm the nation's interests or good morals, and the disadvantages in terms of the public interest of Jeju Island's tourist attraction are much greater."

However, the court did not accept his arguments.

The court pointed out, "Given the nature of the crime, the culpability cannot be seen as light," adding, "It is an act that harms public safety and sound sexual morals."

It further emphasized, "If entry and stay are permitted for a foreigner who has committed an illegal act primarily based on personal and economic circumstances—such as his status as a corporate head or the possibility of substantial economic contribution—there is concern that the public safety and law-enforcement functions originally intended by immigration control would be weakened."

However, the court added that the businessman could potentially re-enter South Korea in the future if he requests a special exemption from the entry restrictions through an overseas diplomatic mission or fulfills legal requirements after the expiration of the entry restriction period.

Reported by Kim Minjeong | Video by Lee Yu-jin | Graphics by Lee Jung-joo | Produced by SBS Digital News
※ Please note: This article was translated by AI and may contain errors.