Professor accused of defaming President Lee seeks judge's recusal in travel ban case
Translated from Korean, summarized and contextualized by DistantNews.
At a glance
- Professor Mok Se-tan, facing charges of defaming President Lee, has filed a motion to recuse the judge presiding over his travel ban appeal, citing concerns about impartiality.
- Mok's legal team argues that the judge's delay in ruling on an injunction to suspend the travel ban and his subsequent filing of a complaint with the anti-corruption agency compromise the fairness of the proceedings.
- The professor, accused of spreading false information about President Lee's past, has refused to cooperate with police investigations and is currently under a one-month travel ban.
Professor Mok Se-tan, an American citizen of Korean descent accused of defaming President Lee, has escalated his legal battle by filing a motion to recuse the judge handling his appeal against a travel ban. Mok's legal team contends that the presiding judge at the Seoul Administrative Court has demonstrated bias, thereby jeopardizing the fairness of the proceedings.
The core of the recusal request stems from the judge's handling of an injunction to suspend Mok's travel ban. Mok's lawyers argue that the judge unduly delayed a decision on the injunction, which was only delivered after Mok's scheduled departure date. They further allege that the judge has filed a complaint against himself with the Corruption Investigation Office for High-ranking Officials (CIO), creating a conflict of interest as Mok would be tried by an official he has accused.
Mok himself did not attend the first hearing, with his legal representatives appearing on his behalf. The defense team stated that while they acknowledge the potential for delays due to the recusal motion, they believe securing a fair trial is paramount. The judge acknowledged the motion and postponed the hearing to address it.
Professor Mok is under investigation for allegedly spreading false information about President Lee's past, specifically claims of a juvenile detention record. He has reportedly refused to attend police summonses, leading the prosecution to request and obtain a one-month travel ban. Mok's team has vehemently denied the allegations, framing the investigation and travel ban as an infringement on freedom of expression and detrimental to South Korea-U.S. relations. They maintain that Mok is merely engaging in discussions and has not refused to appear for questioning.
To forcibly prevent the departure of Ambassador Mok Se-tan and investigate him for alleged crimes on the basis of absurd defamation is a challenge to the freedom of expression that all citizens of free democracies must enjoy, and a criminal act that harms the ROK-U.S. alliance and the national interest of the Republic of Korea.
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.