Court Sides with Yoo Seungjun Again, Rules "Visa Issuance Denial Must Be Canceled"

Third Victory in Court
Administrative Court: "Visa Denial Was an Abuse of Discretion Without Just Cause"
Adds, "This Does Not Mean Past Actions Were Appropriate"

Yoo Seungjun (Steve Seungjun Yoo, 48) won a lawsuit against the Korean government, in which he requested the cancellation of his visa issuance denial and the invalidation of his entry ban. The court ruled that "the denial of visa issuance should be canceled," siding with Yoo Seungjun. Since 2015, Yoo Seungjun has filed three lawsuits against the Consulate General in Los Angeles and one against the Ministry of Justice over visa issuance and entry issues.

According to the legal community on August 28, the Seoul Administrative Court's Administrative Division 5 (Presiding Judge Lee Jeongwon) ruled in favor of Yoo Seungjun, the plaintiff, in his lawsuit against the Consulate General in Los Angeles seeking the cancellation of the visa issuance denial. However, the court dismissed Yoo Seungjun's lawsuit against the Ministry of Justice seeking confirmation of the non-existence of the entry ban decision. The court explained that whether to invalidate the entry ban is not a matter for judicial review.

The court stated, "The defendant (the Ministry of Justice) argued that issuing a visa to the plaintiff (Yoo Seungjun) could harm the national interest, including the safety and order of the Republic of Korea and its diplomatic relations. However, the defendant's arguments alone are insufficient to justify the denial of visa issuance." The court added, "Therefore, we find that the defendant's decision to deny the plaintiff's visa issuance constitutes an abuse of discretion without just cause and must be canceled."

However, the court also noted, "Our decision to cancel the denial of visa issuance to the plaintiff does not mean that we consider the plaintiff's past (military service evasion) actions to have been appropriate." In 2002, Yoo Seungjun stated that he would return to Korea after a scheduled overseas performance, but after leaving the country, he acquired U.S. citizenship and renounced his Korean nationality to evade military service. As a result, the Ministry of Justice imposed an entry restriction on Yoo Seungjun.