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South Korean Court Rejects Judge Recusal Bid in Professor Tanton's Travel Ban Lawsuit
๐Ÿ‡จ๐Ÿ‡ญ Switzerland /Crime & Justice

South Korean Court Rejects Judge Recusal Bid in Professor Tanton's Travel Ban Lawsuit

From Le Temps · () French

Translated from French, summarized and contextualized by DistantNews.

At a glance

News Sources not specified In the courts
  • A South Korean court has rejected a motion to recuse the judge presiding over a lawsuit filed by American professor Mark Tanton, who is challenging a travel ban.
  • Tanton's legal team argued the judge should be removed due to alleged bias stemming from the timing and outcome of a previous ruling on an execution suspension request.
  • The court found no reasonable grounds to believe the judge would be unfair in the main trial, dismissing the recusal request.

A South Korean court has dismissed a request to recuse the judge handling the case of American professor Mark Tanton, who is challenging a government-imposed travel ban. Tanton, who has promoted conspiracy theories about election fraud in South Korea, sought the judge's removal, alleging bias.

The timing or outcome of the decision on the execution suspension application cannot be seen as a delay in the decision or a deprivation of the applicant's opportunity to appeal.

โ€” Court RulingRegarding the denial of Tanton's execution suspension request.

The Seoul Administrative Court's Administrative Division 5 stated that Tanton's legal team failed to provide sufficient grounds for recusal. The team had argued that the judge's decision to deny an execution suspension request for the travel ban occurred just three days after the ban was imposed, allegedly hindering Tanton's ability to challenge it and leading to suspicions of unfairness.

However, the court ruled that the timing and outcome of the execution suspension decision did not provide a reasonable basis to suspect the judge would conduct an unfair trial in the main case. The court also pointed out that Tanton's team had accused the judge of criminal offenses but failed to submit any supporting evidence for these claims.

There are no circumstances that would reasonably lead to suspicion that the judge will conduct an unfair trial in the main case, simply because the timing or outcome of the execution suspension application was different from the applicant's expectations.

โ€” Court RulingDismissing the recusal motion.

Mark Tanton, an associate professor at Liberty University, is accused of spreading false information about President Lee Jae-myung, specifically alleging his involvement in a murder during his youth and subsequent detention. Tanton entered South Korea on May 28, ahead of the June 3 local elections, and failed to appear for a police investigation on May 29. Consequently, the Seoul Metropolitan Police Agency requested a travel ban, which the Ministry of Justice imposed from June 1 to June 30.

It is difficult to consider the applicant's unilateral accusation against the judge as a circumstance that reasonably leads to suspicion of an unfair trial.

โ€” Court RulingAddressing Tanton's team's criminal accusations against the judge.
DistantNews Editorial

Originally published by Le Temps in French. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.