"Yoo Seung-jun, deceived the nation to evade military service" vs "Entry possible under rule of law" [Star Scene]

*This content was translated by AI.

The U.S. Consulate General in Los Angeles has stated its position in the second-instance appeal of Yoo Seung-jun's third visa issuance lawsuit to return to Korea.

Seoul High Court’s 8th Administrative Division (B) held the first argument session on Tuesday for the appeal case filed by Yoo Seung-jun against the Los Angeles Consulate General regarding the revocation of a visa denial decision.

On that day, the consulate's attorney stated, "The first-instance court clearly ruled that Yoo Seung-jun’s past behavior was indeed an abandonment of university purposes for the goal of evading military service. Since the Yoo Seung-jun case, relevant laws have been amended to establish institutional safeguards preventing similar cases from recurring again — so much so that these measures are now being referred to as the 'Yoo Seung-jun Prevention Law.' Yoo Seung-jun has effectively become an icon of military service evasion in South Korean society. We believe the conclusion of the first-instance judgment was not based on proper legal reasoning but rather leaned too heavily on overly lenient considerations."

The attorney continued, "Considering the intent behind the first-instance ruling, it appears to rest on the premise that even if Yoo Seung-jun made mistakes in the past, enough time has passed, and continuing to deny him entry into South Korea is an excessively harsh measure — a view that seems difficult to justify as purely legal. The issuance of an F-4 visa would effectively integrate Yoo Seung-jun, a foreign national, as a member of South Korea’s social, economic, and cultural fabric. One must question whether it is appropriate for the state to grant such benefits to someone who voluntarily renounced South Korean citizenship for the purpose of evading military service."

The attorney added, "Yoo Seung-jun abandoned his South Korean citizenship by evading military service and openly deceived the nation, causing significant disappointment among citizens. Many young people in South Korea are currently fulfilling their military obligations, and many others have already done so. There are certainly those who feel they must serve because it is mandated by law and enshrined in the Constitution. If a visa were issued in this case, it could foster the mistaken belief that one can evade military service by deceiving the state to obtain U.S. citizenship or by simply waiting until the age limit for military service ends after leaving the country — thereby gaining de facto equal treatment with citizens within South Korea through foreign resident visas. This poses a serious risk of undermining the fundamental principle of constitutional military service obligations."

In contrast, Yoo Seung-jun’s attorney responded, "The defense side has not mentioned anything about the first Supreme Court ruling or the second judgment in this case. They are repeating the same argument for ten years. In essence, they are saying that because he evaded military service, public sentiment prevents his entry — which is no different from stating, 'Regardless of any court ruling, I will not issue a visa.' The core issue here is not military evasion but the rule of law. Under the rule of law, there are no grounds for entry bans under the Overseas Koreans Act or the Immigration Control Act. We ask that you carefully examine the illegality of the entry ban decision."

Previously, Seoul Administrative Court’s 5th Division ruled in favor of Yoo Seung-jun during the first-instance judgment announcement on the 1st, 2025. In response, the Los Angeles Consulate General filed an appeal through legal representatives, contesting the first-instance ruling.

At that time, the court stated, "It is difficult to conclude that Yoo Seung-jun’s words and actions posed a threat to South Korea’s national security, public order, or diplomatic relations. When comparing the public interest gained by banning his entry with the private interest harmed to him, the degree of infringement on Yoo Seung-jun was greater, constituting a violation of the principle of proportionality."

However, the court also clarified, "This ruling does not imply that Yoo Seung-jun’s past behavior was appropriate. Even if his entry were permitted and he were allowed to reside in Korea, given the current level of public maturity, there is no concern that his presence or activities would harm South Korea’s interests or safety." Additionally, in a separate first-instance lawsuit filed by Yoo Seung-jun seeking confirmation that the Ministry of Justice’s 2002 entry ban decision did not exist, the court dismissed all claims, stating, "The matter lacks actionable legal effect and is therefore not subject to judicial review."

Yoo Seung-jun has been unable to set foot in South Korea for 24 years amid controversy over military service evasion, having filed three separate lawsuits requesting revocation of visa denial decisions.

However, last June, Yoo Seung-jun expressed his intention to end the grueling 24-year struggle through a video titled, "I’ve done enough. I’m going to stop now."

Yoo Seung-jun wrote, "This may well be the final video of its kind. I have suffered greatly over the years and have tried hard to convey my feelings through various means. Although this channel was not originally started to tell my story, I find myself once again recounting it as if going in circles. Yet, just as truth does not change simply because people do not recognize it, I believe that if you understand my feelings, that is enough."

He continued, "I have asked myself countless times, 'Why can’t I forget Korea? Why do I miss it so much?' In answering that question, I realized that there is no longer a need to spend my time and passion explaining the reasons, clearing up misunderstandings, or defending myself. For several years, I maintained this YouTube channel while rarely uploading videos, hoping for a day when I could speak properly. But now, I am truly at peace. The fact that I can communicate with you is enough. Thank you sincerely for listening to my story and supporting me."

He further confessed, "Looking back, I have lived stubbornly for a very long time just to prove one simple fact: 'I am not the person they claim I am.' Of course, I still believe that is true today. But now, it’s okay if someone thinks of me differently. I have already received so much love; there are countless things to be grateful for, and above all, I am happy. If anyone has been hurt because of me, I kindly ask you to forgive me with a generous heart."

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*This content was translated by AI.