Visa lawsuit ‘third’ victory for Yoo Seung-jun… The reason why people say “but he still can’t come to Korea”

Controversy Over Military Service Evasion: Yoo Seung-jun Wins Third Lawsuit Against Visa Denial

Yoo Seung-jun, whose entry into South Korea has been banned due to the controversy over military service evasion, has won his third lawsuit against the government's denial of his visa application.

This ruling has heightened interest in whether Yoo Seung-jun will be able to set foot in South Korea after 23 years.

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According to the ruling from the 5th Administrative Division of the Seoul Administrative Court on the 28th, presided over by Judge Lee Jeong-won, the court found that "the Consul General in Los Angeles believed that the reasons for the entry ban had not been eliminated, and thus the denial of the visa issuance was unlawful."

The court stated, "If an individual is over 38 years old, they should be granted residency rights unless there are other special circumstances that could jeopardize the national security, maintenance of order, public welfare, or diplomatic relations of the Republic of Korea." It pointed out that "the Act on the Protection of Overseas Koreans specifies restrictions on residency rights for foreign nationals of Korean descent who evade military service, but it does not give administrative authorities the discretion to indefinitely revoke residency rights solely for this reason."

Under the former Overseas Koreans Act, even if they lost their nationality for military service evasion, individuals could be granted residency status as long as they were over 38 years old.

The court remarked, "Therefore, even if the plaintiff (Yoo Seung-jun) abandoned his nationality to evade military service, such a reason alone cannot justify an indefinite entry ban. If the plaintiff was over 38 years old at the time of this application, the indefinite entry ban should be lifted unless there were other special circumstances defined by the Immigration Control Act."

Yoo Seung-jun had been a popular singer in South Korea before acquiring U.S. citizenship in 2002 to evade military service, which led to restrictions on his entry into South Korea.

Since then, he has pursued legal action, winning two previous lawsuits through final rulings by the Supreme Court, yet the government has continuously refused to issue him a visa.

After the first lawsuit, the Ministry of Foreign Affairs maintained its position that "the court only pointed out procedural issues and did not order the issuance of a visa," thus denying the visa application. Yoo Seung-jun filed a second lawsuit and again emerged victorious, but the Ministry again denied the visa, citing concerns that his words and actions might harm the public interest.

Concerns that Yoo Seung-jun's words and actions might harm public interest

Court's Judgment and Yoo Seung-jun's Response

In this context, Yoo Seung-jun has continued to criticize the restrictions on his entry, recently expressing on his YouTube channel, "Who are you to make a judgment? … Are you all living up to the promises you've made?"

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However, the court added that this does not imply that Yoo Seung-jun's past actions were appropriate.

In response, Yoo Seung-jun's side expressed gratitude for the court's ruling, stating that if the LA consulate decides to appeal, they would respond meticulously through legal scrutiny in the future.

Image source: youtube 'yoo seung jun official', instagram 'yooseungjun_official'