Ministry of Justice Doubles Rejection of Investigative Agencies' Travel Ban Requests Over Four Years [Invest&Law]

From 92 Cases in 2021 to 179 Last Year
Already 212 Cases by October This Year
Political Circles Move to Curb Travel Ban Abuse
Justice Minister: "Countermeasures Needed"

Bang Si-hyuk, Chairman of the Board at HYBE, has been under a travel ban since August. Even though K-pop is expanding its influence in the global market and year-end award ceremonies are being held one after another, the head of Korea’s leading entertainment agency cannot schedule international trips or attend events, even when invited. Cho Hyun-sang, Vice Chairman of HS Hyosung, also nearly faced disruptions to his overseas plans due to a travel ban. In July, Vice Chairman Cho was summoned as part of an investigation led by Special Prosecutor Min Jung-ki. At that time, Cho was obligated to preside over official overseas engagements and the third meeting as Chair of the APEC Business Advisory Council (ABAC). After coordinating his schedule with the special prosecutor’s team, the travel ban was lifted.

According to relevant ministries on December 10, the Ministry of Justice has nearly doubled the number of rejected travel ban requests from investigative agencies over the past four years. The number of travel ban requests denied by the Ministry of Justice increased from 92 in 2021 to 179 last year. As of October this year, the number of denials stands at 213, already surpassing last year’s total. In contrast, requests from investigative agencies rose from 6,303 in 2021 to 9,248 in 2023, with 8,763 requests filed last year. Travel bans are implemented to ensure the effectiveness of criminal investigations and trials. However, when comparing the number of requests to rejections, the rejection rate has doubled over four years, even as travel ban requests increased by around 40%. This has led to criticism that investigative agencies are becoming insensitive to the constitutional rights they are restricting, often citing convenience as justification.

In response, both the political sphere and the government have begun working on institutional reforms to prevent the abuse of travel bans. On November 13, Lee Sung-yoon, a lawmaker from the Democratic Party of Korea, and others proposed an amendment to the Immigration Control Act. The amendment includes: ▲ Differentiating the requirements for travel bans between suspects and witnesses; ▲ Mandating investigative agencies to provide specific justifications for travel bans; ▲ Shortening the period during which individuals are not notified of a travel ban for investigative purposes to one month; ▲ Assigning the Travel Ban Review Committee to deliberate on extensions and objections to travel bans.

Justice Minister Jung Seong-ho also stated during a parliamentary audit that “the travel ban itself poses a risk of human rights violations, so internal controls and countermeasures are necessary, and the objection procedures are being closely reviewed.” Excessive travel restrictions without sufficient consideration of the seriousness of the charges or flight risk can disrupt business operations and may even escalate into trade disputes. In February, the American Chamber of Commerce reported to the United States Trade Representative (USTR) that “cases in which CEOs of American companies are criminally prosecuted or subjected to travel bans for violations of labor standards or customs declaration errors are frequent.”

Reporter Woo Bin, The Law Times

※This article is based on content supplied by Law Times.

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