Mos Tan (Korean name Dan Hyeon-myeong), a professor at Liberty University in the United States, asked to change the panel hearing his lawsuit to cancel his travel ban but the request to recuse the judge was not accepted. Tan entered the country ahead of the June 3 local elections and is under investigation for allegedly making remarks that defamed President Lee Jae-myung in the past.
The Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Lee Jeong-won) said on the 23rd that it rejected on the 22nd a motion filed by Tan's side to recuse Administrative Single Division 1 Presiding Judge Wi Ji-hyeon. A defendant or prosecutor may file a recusal motion to exclude a judge if there is concern the trial will be unfair.
Attorney Lee Ha-sang, representing Tan, filed the recusal motion on the 10th, saying Judge Wi made an adverse decision to Tan when Wi rejected the application for an injunction to halt the travel ban. They also said they would file a criminal complaint against Judge Wi.
Tan's side argued that Judge Wi delayed the decision to reject the injunction request. However, the court said it held a hearing on the 2nd after the travel ban was issued on the 1st and delivered the rejection decision on the morning of the 4th.
The court said, "It cannot be seen that the decision in the injunction case was delayed or that the applicant's opportunity to object was deprived," adding, "Even if the timing or outcome of the decision on the injunction request differed from the applicant's expectations, that does not mean the judge will conduct an unfair trial in the main case."
Tan's side also argued that they had accused Judge Wi, creating a relationship of complainant and accused. The court said, "It is difficult to find objective grounds to suspect that a judge will conduct an unfair hearing solely because one side unilaterally filed a criminal complaint against the judge."
Tan served as ambassador at large for global criminal justice at the U.S. State Department in the first Trump administration. Tan advanced conspiracy theories such as "China interfered in Korea's fraudulent elections" and "President Lee Jae-myung was sent to a juvenile reformatory in childhood." Police booked Tan last July on charges of defaming President Lee.
On the 28th of last month, ahead of the June 3 local elections, Tan entered Korea saying he would monitor and verify "fraudulent elections," and authorities requested his appearance. When Tan did not comply and submitted a written statement explaining his absence, police on the 1st applied to the Ministry of Justice for a travel ban, and the Ministry of Justice imposed a travel ban on Tan until the 30th.
Along with the cancellation lawsuit, Tan filed for an injunction, which the court rejected. Tan's side immediately appealed the rejection and is awaiting the appellate court's decision.