A court ruling has stated that the decision to deny singer Yoo Seung-jun (American name Steven Seung-jun Yoo) a visa for entry into Korea must be canceled. The court sided with Yoo Seung-jun but clarified that it does not consider his past act of evading military service as appropriate.
On the 28th, the fifth administrative division of the Seoul Administrative Court (Director General Lee Jeong-won) ruled in favor of Yoo Seung-jun in the lawsuit against the consul general of Los Angeles concerning the cancellation of the visa denial.
This is Yoo Seung-jun's third lawsuit against the consul general of Los Angeles since his visa application was denied. The Los Angeles consulate refused to issue Yoo Seung-jun a visa, stating that "Yoo Seung-jun's actions could harm the security, order maintenance, public welfare, and diplomatic relations of the Republic of Korea," but the court did not accept this.
The court determined that "it is hard to find a reason fitting into this category, so the grounds for the decision do not hold. The public interest gained from the visa denial is excessively outweighed by the disadvantage suffered by the plaintiff, which constitutes an abuse of discretion violating the principle of proportionality."
However, the court emphasized, "Legally, we cannot help but cancel the denial; however, this conclusion does not mean that the plaintiff's past actions were appropriate." The term "past actions" is interpreted as referring to Yoo Seung-jun's actions to evade military service.
The court added that "Even if the plaintiff is allowed entry and stays in the country, considering the critically mature consciousness of our citizens who have matured sufficiently through a tumultuous history, the existence or activities of the plaintiff pose no threat to the existence or safety of the Republic of Korea."
Yoo Seung-jun debuted by releasing his first album 'West Side' in 1997 and was active with numerous hit songs. In particular, he had publicly stated that he would enlist in the military but suddenly obtained U.S. citizenship to evade his military obligations. As a result, his entry into Korea has been restricted since 2002.
Later, expressing his longing for Korea, Yoo Seung-jun applied for visa issuance under the overseas Korean (F-4) residency status at the Los Angeles consulate in August 2015, when he turned 38. The old overseas Korean law allowed those who lost their nationality for the purpose of evading military service to be granted overseas Korean residency status upon turning 38. In response, the Los Angeles consulate denied his visa application, and Yoo Seung-jun filed a lawsuit to have this decision annulled.
Yoo Seung-jun won a final judgment at the Supreme Court after retrials and appeals. However, the Los Angeles consulate again denied the issuance, stating that "Yoo Seung-jun's evasion of military service poses a concern for national interests," and following this, Yoo Seung-jun filed his second lawsuit in October 2020 and won a final judgment at the Supreme Court in November 2023. Nevertheless, the Los Angeles consulate again denied his visa issuance in June of last year, and Yoo Seung-jun filed his third lawsuit in September of that year.
Although Yoo Seung-jun won the first trial in his third lawsuit, it remains uncertain whether he will be able to set foot on Korean soil. He is currently launching a return through the establishment of a YouTube channel.
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