Yoo Seung-jun Loses First Trial in Second Visa Issuance Lawsuit... Korean Path Blocked Again

Court: Concern Over Spreading the Wrong Trend and Perception That "You Just Have to Endure Until 40"

[Asia Economy Reporter Kim Daehyun] Singer Yoo Seung-jun (American name Steve Seung-jun Yoo) has faced another roadblock to entering South Korea after losing his second lawsuit requesting the issuance of a Korean entry visa.

At 3 p.m. on the 28th, the Administrative Court of Seoul, Administrative Division 5 (Presiding Judge Kim Sun-yeol) ruled in the first trial of Yoo's lawsuit against the Consulate General in Los Angeles (LA) seeking cancellation of the refusal to issue a passport and visa, stating, "The plaintiff's claim is dismissed."

The court stated, "The LA Consulate General actively exercised discretion again by requesting opinions from the Ministry of Justice and related agencies," and added, "Since the visa issuance conditions were newly assessed and this disposition was made, it is considered that the obligation to reissue in accordance with the binding effect of the prior cancellation judgment has been fulfilled."

Furthermore, the court pointed out, "At that time, the plaintiff was a famous celebrity, and it is difficult to gauge the social repercussions or ripple effects that would arise if his evasion of military service were tolerated." Considering the public petition posted on the Blue House website reflecting criticism of Yoo, and the situation where Yoo engaged in disputes with some citizens who resented his criticism of the Korean government, the court stated that the conflicting elements surrounding him cannot be seen as mere deviations.

The court also said, "There is no indication that the plaintiff expressed willingness to fulfill his military service obligations to restore relations with the Republic of Korea or showed regret for renouncing his nationality while making efforts to fulfill responsibilities close to those of a citizen," and added, "Even if he cannot obtain an Overseas Korean (F-4) visa, in unavoidable cases, by explaining the reasons, he can receive a short-term visit (C-3) visa and temporarily lift the entry ban from the Ministry of Justice to visit Korea."

Additionally, the court noted, "There is a concern that socially, a mistaken custom and perception that 'one only needs to endure until the military service completion age of 40' might be instilled," and emphasized, "The public interest to be protected by refusing the visa issuance outweighs the private benefit that would arise from issuing the visa to the plaintiff."

Previously, Yoo acquired U.S. citizenship to evade military service obligations, resulting in restrictions on his entry to South Korea in 2002.

He later attempted to enter with an Overseas Korean entry visa but was denied visa issuance. He filed an administrative lawsuit in 2015 and won a final ruling at the Supreme Court in 2020.

At that time, the Supreme Court ruled that the LA Consulate General's refusal to issue a visa solely on the grounds of a past entry ban decision by the Ministry of Justice without exercising discretion was illegal.

However, after the favorable ruling was finalized, Yoo's visa application was again denied. The Ministry of Foreign Affairs explained that the refusal was made following proper procedures in line with the Supreme Court's judgment.

Ultimately, in October 2020, Yoo filed another administrative lawsuit against the LA Consulate General seeking cancellation of the visa refusal. Yoo's side argues that visa issuance and entry should be permitted based on the prior ruling.

On the other hand, the Ministry of Foreign Affairs maintains the position that "the prior ruling instructs the defendant to exercise the authority given and make a judgment, not to issue the visa."

This content was produced with the assistance of AI translation services.