Court Keeps Travel Ban on Scholar Accused of Defaming President Lee
A Seoul court has refused to lift the exit ban imposed on Morse Tan, an American scholar charged with defaming South Korean President Lee Jae-myung. Tan, a former Liberty University professor, had sought to overturn the Justice Ministry’s travel restriction, arguing he needed to return to the US to gather evidence for his defense. The Seoul Administrative Court partially dismissed his challenge on Friday, leaving the ban in effect until August 15.
The court acknowledged that the travel ban could cause Tan irreparable harm, but ruled that suspending it would seriously harm the public interest given the circumstances of the case and the progress of criminal proceedings. Prosecutors allege that Tan spread false claims about President Lee’s past at a press conference in Washington and elsewhere last year — including allegations that Lee had been detained in a juvenile facility after being involved in a gang rape and murder case as a teenager.
The Justice Ministry had imposed multiple travel restrictions on Tan. After Tan was indicted without detention on July 16 on defamation charges under the Information and Communications Network Act and the Criminal Act, the ministry lifted the second ban but immediately replaced it with a third, citing the need to ensure a smooth trial. The current ban is set to expire on August 15.
Implications of the Ruling for Tan’s Trial and Travel Rights
The Court’s Reasoning: Balancing Personal Harm and Public Interest
Friday’s ruling highlights a judicial balancing act between an individual’s need to travel and the state’s asserted interest in completing a criminal trial. While the court conceded that the travel ban could cause Tan “irreparable harm” and that there was an “urgent need” to suspend it, it ultimately found that the public interest in an uninterrupted trial outweighed those concerns. This suggests that South Korean courts give considerable weight to the state’s argument that lifting a travel ban could disrupt legal proceedings, even when the defendant faces concrete preparation challenges.
Tan’s Legal Strategy and Evidence Constraints
The ruling leaves Tan with less than three weeks before the ban’s expiration on August 15 — a period that may not be enough to obtain evidence from the US for his defense, as his lawyers had argued. The first hearing in the defamation case is likely scheduled shortly afterward, increasing the pressure on Tan to mount a defense without being able to travel. The legal team’s argument that foreign evidence is essential was not enough to sway the court, signaling that defendants in similar positions may struggle to win travel approvals once criminal proceedings are under way.
Comments 0