A court ruled that the measure denying entry to a foreign national businessperson who received a suspension of indictment for a sexual harassment case was justified.
The Seoul Administrative Court's 7th Division (Presiding Judge Kang Woo-chan) said on the 3rd that it dismissed the plaintiff's claim in the suit filed on May 28 by foreign national A against the Minister of the Ministry of Justice, the commissioner of the Incheon Airport Immigration Service, and the head of the Gimpo Airport Immigration Office to cancel the disposition denying entry.
A is the chair of the domestic branch of a foreign corporations and a company conducting real estate business in Jeju Island. To push a tourism complex development project in Jeju Island, A established a domestic company and purchased 860,000 square meters (about 260,000 pyeong) of land for 33.8 billion won.
A previously received a suspension of indictment for violating the Act on Punishment of Sexual Crimes (indecent act by abuse of occupational authority) against a Korean woman. Under the Immigration Act, the Minister of the Ministry of Justice may prohibit entry to a person likely to engage in conduct harmful to the interests of the Republic of Korea, public safety, economic order, social order, or good morals. Based on this provision, the Incheon Airport Immigration Service issued a disposition denying A's entry.
After that, A applied for a Korea Electronic Travel Authorization (K-ETA), but it was denied. The Korean government requires nationals of 90 countries—among the 112 countries that have visa waiver agreements with Korea or allow visa-free entry, excluding 22 countries such as the United States, the United Kingdom, and Japan that are temporarily exempt—to apply for K-ETA and undergo screening before entry.
During the trial, A said, "At the time of the suspension of indictment, I reached an amicable settlement with the victim, and for more than eight years since then I have not caused any further trouble," and added, "Other than the suspension of indictment, I have no criminal record and there is no possibility of reoffending."
A also argued, "Considering A's investment scale in Korea, it cannot be said there is sufficient reason to believe it would harm the interests of the Republic of Korea, good morals, or social order," and "From the perspective of the public interest in attracting tourists to Jeju Island, the disadvantages of denying entry are far greater."
However, the court said, "A still denies the criminal facts corresponding to the suspension of indictment," adding, "Under the Immigration Act, there are grounds to uphold the disposition denying entry."
The court also said, "If entry and stay are allowed for a foreigner who committed an unlawful act on the grounds of being the head of a corporations or the potential for significant economic contribution, there is a concern that public safety, which immigration control aims to protect, will be weakened," adding, "Whether to grant entry falls within a high degree of discretion exercised by a state to maintain its own safety and social order."