Defamation Case Against US Professor Partially Dismissed Over Foreign Statements

South Korean police have dropped a portion of a defamation case against American professor Morris Tan, also known by his Korean name Dan Hyun-myung. The allegations stemmed from Tan's claims that President Lee Jae-myung was involved in a violent crime during his youth, leading to his alleged incarceration and lack of schooling. The Seoul Metropolitan Police Agency's cyber investigation unit dismissed the case on May 9th, citing 'no right to prosecute' regarding statements made by Tan during a press conference in Washington D.C. in June of the previous year.

The police's decision to dismiss the U.S. statements is based on Tan's foreign nationality and the fact that the alleged defamatory remarks were made outside of South Korea. This jurisdictional limitation means that South Korean law cannot be applied to his overseas statements. However, the police have not closed the book on the matter entirely. They are continuing their investigation into other statements Tan allegedly made within South Korea, including during a visit last July where he reportedly repeated similar claims.

Morris Tan, a Korean-American who previously served as the U.S. State Department's Ambassador for Global Criminal Justice under the Trump administration, has been a vocal proponent of conspiracy theories, including claims of Chinese Communist Party interference in South Korean elections. His visits to South Korea have often been marked by controversial statements and rhetoric that have stirred strong reactions from supporters of former President Yoon Suk-yeol.

This case highlights the complexities of international defamation laws and the challenges in prosecuting individuals for statements made abroad. While the dismissal of the U.S. portion of the case is a legal technicality, the ongoing investigation into his domestic statements signals the authorities' intent to address the alleged defamation within their jurisdiction. From a South Korean perspective, the repeated dissemination of such unsubstantiated claims, especially concerning the sitting president, is seen as a serious matter that can undermine public trust and political stability. The differing treatment of statements made domestically versus internationally underscores the legal boundaries within which such cases are handled, a nuance that might be overlooked in broader international coverage.

“

The police decided there was no right to prosecute, considering that Professor Tan is a foreign national and the statements were made in the United States.