[ChamTrue?] 'Visa Lawsuit Lost' Yoo Seung-jun, Can He Come to Korea on a Tourist Visa?

[Asia Economy Reporters Byungseon Gong, Daehyun Kim] Yu Seung-jun (American name Steve Seung-jun Yu)'s path to entering the country has been blocked again. On the 29th, according to the court, the Seoul Administrative Court Administrative Division 5 (Chief Judge Kim Sun-yeol) ruled against Yu in the lawsuit he filed against the Consulate General in Los Angeles (LA) to cancel the refusal of visa issuance.

The court explained the reason for dismissing Yu's claim, stating, "The plaintiff's actions involved deceiving state agencies to leave the country by irregular means and then proceeding with the naturalization process," and "These actions pose a risk of harming the public interest such as maintaining order and public welfare in the Republic of Korea."

Previously, Yu acquired U.S. citizenship to evade military service obligations, resulting in restrictions on his entry into Korea in 2002. Since then, he has insisted on entering the country with an Overseas Korean Visa (F-4), but the government continues to reject his attempts. The F-4 visa is a special visa for foreign nationals of Korean descent, guaranteeing free economic activities within Korea.

Because of this, some criticize that there is no reason to insist on a visa issued to guarantee free economic activities, i.e., for employment purposes. They argue that if he really wants to come to Korea, he should just obtain a tourist visa.

So, can Yu obtain a tourist visa and enter Korea? Upon checking, Yu is practically unable to enter the country regardless of visa type. The core issue is the Ministry of Justice's entry ban measure.

The entry ban started from what can be called a 'contempt offense.' U.S. citizens can stay in Korea for short-term visits (within 90 days) without a visa for tourism and other purposes. Yu acquired U.S. citizenship in January 2002 and tried to enter Korea without applying for a visa but was denied entry at Incheon Airport. At that time, the Military Manpower Administration requested the Minister of Justice to ban Yu's entry altogether due to his evasion of military service. The Minister of Justice accepted this and applied Article 11, Paragraph 1, Items 3 and 4 of the Immigration Control Act. Yu was judged to be a person who harms Korea's interests, public safety, and order.

Yesterday, the court stated, "(Yu) can visit Korea by explaining unavoidable reasons and obtaining a short-term visit (C-3) visa or by having the Ministry of Justice lift the temporary entry ban." Since U.S. citizens can enter Korea visa-free for 90 days for tourism, visiting relatives, etc., there is no absolute need to issue an F-4 visa to Yu.

However, it is by no means easy for Yu to enter Korea by means other than the F-4 visa. His entry can only occur if he explains the reasons for needing to enter Korea or if the Ministry of Justice lifts the entry ban. The special permission granted by the Ministry of Justice in 2003 was because Yu stated he needed to visit his fianc?e's father's funeral, and even then, he stayed in Korea for only three days.

The Ministry of Justice imposed an indefinite entry ban on Yu in February 2002 and conveyed to the LA Consulate General in June 2020 that it intended to maintain this measure. Since the government is blocking his entry citing discretionary authority, and related rulings support this stance, even if Yu applied for other visas, the result would likely have been the same?he would not be able to enter Korea.

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