Moss Tan, a Korean-American former professor at Liberty University, has had his request to cancel a travel ban by the Ministry of Justice denied. Tan is facing charges for allegedly spreading false information that defamed President Lee Jae-myung.
On July 31, Judge Kim Tae-hwan of the Seoul Administrative Court ruled against Tan's lawsuit challenging the extension of his travel ban. The court found that the public interest in securing state punishment outweighed any disadvantages Tan might face from the travel restriction.
Initially, Tan sought to cancel the second travel ban issued during the investigation phase. However, after he was indicted without detention, the prosecution issued a third travel ban, citing the need for ongoing criminal proceedings.
The court determined that the second ban had already been lifted, rendering Tan's request for its cancellation legally moot. The Ministry of Justice lifted the second ban on July 16, the same day Tan was indicted, and imposed a third ban restricting his travel until August 15.
The court viewed the second and third bans as separate administrative actions with different legal bases and purposes, rather than a continuous or combined legal effect.
Regarding the third ban, the court found that the criteria for imposing a travel restriction were met and that the Ministry of Justice did not exceed its discretionary authority. The court noted that Tan, as a foreign national facing ongoing criminal proceedings, fell under this category.
The court also pointed out that Tan had refused to comply with requests from investigative authorities and had not provided substantial explanations or statements regarding the allegations during questioning. Given this behavior and the progress of the criminal proceedings, the court concluded that it was difficult to rule out the possibility of Tan not returning after leaving the country.
The court stated, "Considering the plaintiff's potential for fleeing abroad and other circumstances, it is hard to argue that the disadvantages he faces are more significant than the public interest in securing state punishment and uncovering the substantive truth through this measure."
Tan's argument that the travel ban violates the presumption of innocence was also rejected. The court clarified that the travel restriction is an administrative measure limiting the freedom of a foreign national facing ongoing criminal proceedings, and it cannot be viewed as a punitive action based on a presumption of guilt.
Tan's request for a temporary suspension of the third ban was also denied. While the court acknowledged the potential for irreparable harm due to the travel ban and the urgent need to prevent it, it determined that suspending the ban could significantly impact the public interest.
As a result, Tan's travel ban will remain in effect until August 15. Following the ruling, Tan's legal team announced plans to appeal. A representative stated, "Preventing someone who has been indicted without detention from returning to their home country for about three months is an excessive restriction of fundamental rights. We plan to appeal as soon as possible and will also file a state compensation lawsuit regarding the wrongful travel ban."
Tan faces allegations stemming from statements made during a press conference in Washington, D.C., last year, where he claimed that President Lee was involved in a murder case during his youth and was incarcerated in a juvenile facility, which prevented him from attending middle and high school.
After Tan entered South Korea and failed to respond to a summons, the police requested a travel ban from the Ministry of Justice. Subsequently, he was investigated and sent to the prosecution without detention. The Seoul Central District Prosecutor's Office indicted him on July 16 for defamation under the Information and Communications Network Act and the Criminal Code. The first court hearing is scheduled for September 11.
* This article has been translated by AI.
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