Singer Yoo Seung-jun (Steve Yoo) won his third visa issuance lawsuit in the first trial. However, the wall of 'entry ban,' which has lasted for over 20 years, remains high, and projections suggest that his return to Korea is unlikely.
The Administrative Division 5 of the Seoul Administrative Court (Director General Lee Jeong-won) ruled on the 28th that Yoo Seung-jun's lawsuit against the Ministry of Justice and the Consulate General of Korea in Los Angeles, seeking confirmation of the non-existence of the entry ban decision and cancellation of the visa issuance refusal, was successful.
On that day, the court ordered the Ministry of Justice and the Consulate General of Korea in Los Angeles to cancel the refusal of the visa issuance for Yoo Seung-jun. The court noted that "it is difficult to see Yoo Seung-jun's actions as a concern that could harm the interests of national security, public order, and diplomatic relations of the Republic of Korea. When comparing the public benefit that can be obtained by banning Yoo Seung-jun from entering the country and the private harm to him, the extent of harm to Yoo Seung-jun is greater. This constitutes a violation of the principle of proportionality."
Additionally, the court stated, "Even if Yoo Seung-jun is allowed to enter the country and stay domestically, considering the sufficiently matured level of national consciousness, there is no concern that Yoo Seung-jun's existence or activities would pose disadvantages or threats to safety in Korea," and emphasized that "the refusal of the (visa issuance) must be canceled as there is no reason for the decision and it is illegal due to abuse of discretion."
However, the court dismissed Yoo Seung-jun's lawsuit confirming the non-existence of the entry ban decision made by the Ministry of Justice in 2002, stating that "this is not subject to judicial review," and distanced itself from the controversy surrounding Yoo Seung-jun's evasion of military service. The court clarified, "This ruling does not endorse Yoo Seung-jun's past actions as appropriate," emphasizing that the moral condemnation resulting from his military service evasion still remains.
Earlier, Yoo Seung-jun underwent a physical examination in 2001 to join the military but was banned from entering the country after obtaining U.S. citizenship and renouncing his Korean nationality in January 2002 to be exempted from military service. In response, he filed a lawsuit in 2015 against the Consulate General of Korea in Los Angeles to cancel the refusal of the visa issuance, and after a five-year trial, he received a ruling in his favor from the Supreme Court in March 2020.
However, the Ministry of Foreign Affairs cited that "the Supreme Court's ruling indicates that there were procedural issues in the visa issuance refusal process" and once again denied Yoo Seung-jun's application for a visa. Yoo Seung-jun filed an administrative lawsuit against the Consulate General of Korea in Los Angeles again in October 2020.
The first trial court dismissed Yoo Seung-jun's claim, stating that the intention of the Supreme Court ruling was not that "the visa should be issued to Yoo Seung-jun." Following a ruling against the plaintiff in April 2022, Yoo Seung-jun appealed.
The court overturned the first trial's decision. Following his victory in the appellate trial, Yoo Seung-jun once again increased his chances of returning to his homeland, but the Consulate General also filed an appeal. Subsequently, the Supreme Court's third division confirmed the ruling in favor of the plaintiff by dismissing the appeal for non-proceeding.
However, last year, the Consulate General of Los Angeles notified Yoo Seung-jun of the refusal of his visa application and stated, "The Ministry of Justice has decided to maintain the entry ban for Mr. Yoo Seung-jun. Mr. Yoo Seung-jun's actions since July 2, 2020, fall under the concern that they may harm the interests of national security, public order, public welfare, and diplomatic relations of the Republic of Korea," thus refusing the issuance of a visa for Mr. Yoo Seung-jun once again.
Eventually, Yoo Seung-jun filed his third administrative lawsuit against the government in September of last year and won in the first trial.
Regardless of the legal ruling, public opinion remains cold. Ahead of Liberation Day, some fans issued statements calling for the lifting of the entry ban that has lasted for over 20 years, but Yoo Seung-jun stated through social media, "I have no intention whatsoever of making money in Korea. I think they believe that someone will be waiting with bundles of cash when I arrive," adding, "I have no intention of receiving benefits, nor do I want any."
He also emphasized, "I wanted to enter the country for the restoration of my honor. I find it very regrettable to be involved in such issues," and added, "The law should be equal for everyone, and fairness should not be violated."
With this ruling, Yoo Seung-jun's legal justification has been secured once more. However, it remains uncertain whether actual entry will be permitted. The social aversion towards his name, which remains a symbol of military service evasion, is still a significant obstacle.
Despite winning up to the third lawsuit, the path for Yoo Seung-jun to set foot on his homeland still seems distant.
[Photo] SNS
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