Will Yoo Seung-jun Set Foot on Korean Soil... Wins Visa Lawsuit in 2nd Trial, Overturning 1st Trial Verdict

Court "After long deliberation and agreement..."
Application of exception clause for 'Refusal of issuance over age 38'

Singer Yoo Seung-jun (46, Steve Seung-jun Yoo) won his appeal in the second administrative lawsuit he filed to obtain a visa allowing him to enter South Korea, overturning the first trial's ruling against him.

On the afternoon of the 13th, the Seoul High Court Administrative Division 9-3 (Presiding Judges Cho Chan-young, Kim Mu-shin, Kim Seung-joo) overturned the first trial ruling that ruled against Yoo in the second trial of his lawsuit against the Consulate General in Los Angeles (LA) for cancellation of the refusal to issue a passport and visa.

The court stated, "We acknowledge that Yoo's draft evasion act caused widespread social conflict in 2002, and even after more than 20 years, there is a strong social voice that his residence status should not be permitted." However, "The court must adjudicate according to the Constitution and laws. The old Overseas Koreans Act applicable to this case can only be interpreted to grant residence status if the person has passed a certain age (38 years old) and there are no separate acts or circumstances distinguishing them, even if they acquired foreign nationality for the purpose of draft evasion. After long deliberation and consensus, this ruling is made."

Under the old Overseas Koreans Act, the Minister of Justice does not grant residence status if there is a concern that it may harm South Korea's interests such as national security, public order, public welfare, or diplomatic relations. However, there is a proviso that exempts those who have reached the age of 38. In the 2017 amendment, this age limit was raised to 41.

The court said, "The government applied the current Overseas Koreans Act amended in 2017 when making this decision. However, since it was decided that the old law should apply to those who applied for residence status before the amendment took effect, the current Overseas Koreans Act cannot be applied to Yoo's 2015 application."

Furthermore, "preceding Supreme Court rulings also judged that once a person turned 38, residence status for overseas Koreans could not be restricted unless there were 'other' special circumstances," and "the government's decision document contains no 'separate' reasons," the court ruled.

After the ruling, Yoo's representative said, "The authorities must issue the visa-related certificate Yoo previously applied for in accordance with the ruling's intent," and "Yoo can enter the country after obtaining residence status." However, if the government appeals the second trial ruling, the issuance may be delayed until the Supreme Court's decision is made.

Previously, Yoo acquired U.S. citizenship to evade military service, resulting in a ban on his entry into South Korea in 2002. He tried to enter with an Overseas Korean (F-4) visa but was denied issuance. He filed an administrative lawsuit in 2015 and won a final ruling at the Supreme Court in 2020.

However, even after the Supreme Court ruling, the LA Consulate General again refused Yoo's visa application. The refusal letter explained that the exclusion reason for granting residence status under Article 5, Paragraph 2, Subparagraph 2 of the Overseas Koreans Act was "cases where there is concern about harming South Korea's interests such as national security, public order, public welfare, or diplomatic relations." Consequently, Yoo filed another administrative lawsuit in October 2020.

In the first trial of this case, Yoo lost in April last year. The first trial court viewed the Supreme Court ruling as only indicating "procedural illegality in visa issuance refusal," not that Yoo must be granted a visa.

It added, "Yoo's presence causes great loss and deprivation to South Korean soldiers and their families who have risked their lives and endured great pain and danger by being mobilized in frontline or difficult areas," and "Currently, in unavoidable cases, he can obtain a short-term visit (C-3) visa by stating reasons and temporarily lift the entry ban from the Ministry of Justice to visit Korea."

Yoo appealed the first trial ruling and won in the appeal trial held on this day.

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