Tan Moss, whose Korean name is Dan Hyeon-myeong and who was sent to prosecutors on suspicion of spreading false information about President Lee Jae-myung, asked a court to suspend the effect of his travel ban. The issue is whether a new travel ban can be imposed or an existing one extended even after the police investigation ended and the case was transferred to prosecutors.
Kim Tae-hwan, a single-judge presiding judge of the Administrative Division 3 at the Seoul Administrative Court, held a hearing on the afternoon of the 3rd on Tan's application to stay the execution of the travel ban. Tan appeared in court and said the travel ban was unjust.
Tan emphasized that he is a U.S. citizen. He argued, "It is constitutionally nonsensical that a person who holds U.S. citizenship and has public status on the territory is placed in this situation."
He also raised the potential impact on U.S.-Korea relations. Tan said that if this case continues, a mutual practice could emerge in which a Korean would have to stand trial in a U.S. court for defamatory remarks about the U.S. president made on Korean territory. He argued that the measure is "one that damages or harms the U.S.-Korea alliance."
Tan continued by arguing that the travel ban is an unlawful measure against a U.S. citizen. He said, "I, as a U.S. ambassador, represented President Donald Trump," adding, "This is an unlawful measure against an ambassador representing the United States." Tan served as the Department of State's Ambassador-at-Large for Global Criminal Justice during the first Trump administration.
Tan's legal team stressed procedural illegality. Attorney Kim Ji-mi said in a statement after the hearing, "The essence of the case is whether a travel ban can be extended despite the end of the investigation, or whether a new travel ban is possible." They also argued that the investigation has deviated from its original purpose and is being conducted according to improper practice.
Attorney Lee Ha-sang took issue with not receiving notice of the new travel ban disposition. Lee said, "We did not receive any notice at all regarding the new travel ban decision," adding that the procedural illegality was emphasized during the hearing.
Earlier, on the 1st, the Cyber Investigation Unit of the Seoul Metropolitan Police Agency referred Tan without detention to the Seoul Central District Prosecutors' Office on charges of defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection and defamation under the Criminal Act. Tan is accused of publicly stating false information related to President Lee's past at a press conference at the National Press Building in Washington, D.C., last year.
On May 28, ahead of the June 3 local elections, Tan entered Korea saying he would "monitor and verify South Korea's fraudulent elections." When Tan did not comply with summonses, police asked the Ministry of Justice for a travel ban. The Ministry of Justice restricted Tan's departure until the 30th of last month and on the 1st imposed a new travel ban through the 31st of this month.
Tan also filed a lawsuit to annul the travel ban disposition. He moved to recuse the panel hearing the case, but the motion was dismissed, and he filed an immediate appeal.
Tan, known in Korea as a professor at Liberty University in the United States, is understood to have already left the post after the related contract ended last year.