Singer Yu Seung-jun (Steve Yoo)'s third visa issuance lawsuit appeal trial will begin in July.
On the 20th, according to legal sources, the Seoul High Court Administrative Division 8-2 (Presiding judges Kim Bong-won, Lee Young-chang, Choi Bong-hee) will hold the first appellate hearing on July 3 in the morning for the case in which Yu Seung-jun filed a lawsuit against the Consulate General of the Republic of Korea in Los Angeles seeking cancellation of the visa (visa) issuance refusal.
Previously, Yu Seung-jun underwent a physical examination in 2001 to join the military, but he obtained U.S. citizenship in January 2002 and gave up his Korean nationality, receiving an exemption from military service and being banned from entering the country. In response, he filed a lawsuit in 2015 against the consul general in Los Angeles seeking cancellation of the visa issuance refusal, and after five years of litigation he won a Supreme Court ruling in March 2020.
However, the Ministry of Foreign Affairs, citing the reasoning that the Supreme Court's ruling meant only that there were procedural problems in the visa issuance refusal process, again rejected Yu Seung-jun's visa application, and Yu Seung-jun filed another administrative lawsuit against the consul general in Los Angeles in October 2020.
The first trial court dismissed Yu Seung-jun's claim, holding that the Supreme Court's ruling meant there was a procedural illegality in the visa issuance refusal, not that the visa must be issued to Yu Seung-jun. When this plaintiff-losing judgment was handed down in April 2022, Yu Seung-jun appealed.
The appellate court overturned the first trial. After winning on appeal, Yu Seung-jun increased the possibility of returning to his homeland once again, but the consulate also filed a notice of appeal. Thereafter, the Supreme Court's 3rd panel affirmed the lower court's plaintiff-victory ruling by dismissing the appeal for lack of review.
However, last year the Los Angeles consulate sent Yu Seung-jun a notice of refusal regarding his visa application and a visa issuance refusal notice, stating that the Ministry of Justice decided to maintain the entry ban on Yu Seung-jun. It said the reason was that Yu Seung-jun's actions after July 2, 2020, fall under cases that could harm Korea's national security, maintenance of order, public welfare, diplomatic relations and other interests, and therefore the consulate again refused to issue a visa to Yu Seung-jun.
Ultimately, Yu Seung-jun filed a third administrative lawsuit against the government in 2024 and won the first trial on Aug. 1 last year. At that time, the court said it was difficult to see that Yu Seung-jun's words and actions posed a threat to Korea's national security, order maintenance or diplomatic relations. Comparing the public interest and private interest that could be obtained by banning Yu Seung-jun's entry, the court found that the damage to Yu Seung-jun was greater. It judged this to be a violation of the principle of proportionality.
The court also said that even if Yu Seung-jun were allowed to enter and remain in the country, considering the sufficiently matured level of public consciousness, there is no concern that his presence or activities would cause disadvantage or threaten Korea's safety, and that the refusal (to issue a visa) should be canceled because there were no reasons for the disposition and it was unlawful due to abuse of discretion.
However, the court drew a line, saying, "This ruling by no means views Yu Seung-jun's past actions as appropriate," and dismissed the lawsuit seeking a declaration of nonexistence of the entry ban decision that Yu Seung-jun filed claiming the Ministry of Justice's 2002 entry ban decision was invalid, saying it was not a matter for the court to decide.
[Photo] SNS
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