Ex-Professor Loses Lawsuit to Lift Travel Ban Amid Defamation Charges in South Korea

Moss T., a former professor at US Liberty University, has lost a lawsuit challenging the Justice Ministry's decision to impose a travel ban on him. T., whose Korean name is Dan Hyun-myung, is currently facing charges of defaming President Lee Jae-myung and is barred from leaving South Korea until August 15.

The Seoul Administrative Court ruled against T.'s request to cancel the travel ban, upholding the ministry's decision. The court stated that the ban was justified given the ongoing legal proceedings and the potential risk of T. fleeing the country. "Considering the progress of judicial procedures, the possibility of the plaintiff's flight abroad, and various other circumstances, the disadvantages to the plaintiff are not considered more significant than the public interest in securing the state's penal power and discovering the truth," the court stated.

This ruling pertains to the ministry's second and third travel ban extensions. The ministry had initially extended the ban, which was set to expire, and then issued a new one based on the ongoing trial. The court dismissed the appeal against the second ban, citing a lack of legal interest, and rejected the request to cancel the third ban and suspend its execution.

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Considering the progress of judicial procedures, the possibility of the plaintiff's flight abroad, and various other circumstances, the disadvantages to the plaintiff are not considered more significant than the public interest in securing the state's penal power and discovering the truth.

Furthermore, the court noted T.'s behavior, including refusing to accept summons and remaining silent during investigations, as indicative of an attempt to evade judicial procedures. The court emphasized that the requirement for a travel ban on a foreigner facing criminal charges is met if there is a risk of them not returning to South Korea after leaving. The legal team for T. has announced their intention to appeal the ruling promptly and plans to file a claim for state compensation, arguing the travel ban is unlawful.

Separately, T. faces a defamation lawsuit for allegedly spreading false information about President Lee Jae-myung's alleged involvement in a criminal case during his youth. The first hearing for this defamation case is scheduled for September 11.

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The requirement for a travel ban on a foreigner facing criminal charges is met if there is a risk of them not returning to South Korea after leaving. The relevant criminal facts being found guilty and the fact that they will flee abroad do not need to be definitively proven.