A foreign businessman who received a suspension of indictment for a sex crime lost a lawsuit seeking entry into Korea by citing his domestic investment record.
According to the legal community on the 3rd, the Seoul Administrative Court's Administrative Division 7 (presided over by Senior Chief Judge Kang Woo-chan) recently ruled against a foreign national identified as A in a lawsuit filed against the Minister of Justice and others seeking to overturn a decision denying his entry.
A had previously received a suspension of indictment on charges of molesting a Korean woman under his protection and supervision through a workplace employment relationship, using his position of authority. After immigration authorities imposed an entry ban and rejected his application for Korea Electronic Travel Authorization (K-ETA), he filed the administrative lawsuit in October last year seeking to overturn the decision.
A's side emphasized that he was conducting large-scale investments in Korea, including a tourism complex development project on Jeju Island. He argued that denying his entry despite the reduced risk of reoffending, eight years after receiving the suspension of indictment for the sex crime, constituted a decision that deviated from and abused discretionary authority.
However, the court did not accept A's arguments. "A's past crime was an act that harms public safety and good sexual mores," the court noted. "Considering the structural nature of the crime, which stemmed from a workplace position of authority, the culpability is by no means light."
The court also judged that the potential economic contribution from domestic investment could not be a decisive reason to allow entry. "If entry were allowed for a foreigner who committed an illegal act based on private circumstances such as his status as a corporate head or significant potential economic contribution, there is a concern that immigration control's original functions of maintaining public safety and legal order would be weakened," the court stated.
"Whether to grant a foreigner entry is a highly discretionary area exercised by the state to maintain its own safety and social order," the court stressed. "If the judgment were seen as being swayed by economic interests, trust in the fairness and consistency of the immigration control system could be undermined."
