"The essence is not draft evasion but the rule of law," Yoo Seung-jun's lawyer pleads [Comprehensive]

*This content was translated by AI.

As the appeal trial for the third visa issuance lawsuit ahead of Yoo Seung-jun's return to Korea approaches, his lawyer has once again emphasized that Yoo's entry is legally valid.

The Seoul High Court's 8th Administrative Division (B) held the first oral argument session on Tuesday for the appeal case filed by Yoo Seung-jun seeking cancellation of the visa denial decision against the U.S. Consulate General in Los Angeles.

On that day, the lawyer for the U.S. Consulate General in Los Angeles stated, "The first-instance court clearly ruled that Yoo Seung-jun's past behavior was indeed a deviation from the purpose of university enrollment for the intent of evading military service. Since the Yoo Seung-jun case, relevant laws and regulations have been amended to establish institutional safeguards preventing similar cases from recurring, and these measures are now even referred to as 'Yoo Seung-jun prevention laws.' In fact, Yoo Seung-jun has become an icon of draft evasion in South Korean society. I believe the conclusion of the first-instance judgment was not based on any necessary legal reasoning but rather leaned too heavily on overly lenient considerations."

He continued, "Considering the intent behind the first-instance ruling, even if Yoo Seung-jun made past mistakes, so much time has passed that preventing him from entering South Korea at all seems like an excessively severe measure. This appears to be based on a premise that goes beyond what can reasonably be considered a legal judgment. The issuance of an F-4 visa effectively integrates the foreign national Yoo Seung-jun as a member of South Korea's social, economic, and cultural fabric. It is questionable whether it is appropriate for the state to grant such benefits to a foreign national who voluntarily renounced South Korean citizenship for the purpose of evading military service."

The lawyer added, "Yoo Seung-jun abandoned his South Korean citizenship by evading military service and openly deceived the state in the process, causing great disappointment among citizens. Many young people in South Korea are currently fulfilling their military obligations, or many citizens have already done so. There are certainly those who feel they must serve because the law mandates it and the Constitution upholds the duty of military service. In this context, if a visa is issued in this case, it could create the mistaken belief that one can evade military service by deceiving the state to obtain only U.S. citizenship, or by leaving the country and enduring until the age limit for military service ends, thereby obtaining a visa for overseas Koreans and enjoying benefits virtually identical to those of citizens within South Korea. This poses a very serious risk of undermining the fundamental principle of fulfilling the constitutional duty of military service."

In contrast, Yoo Seung-jun's lawyer responded, "The defense side has not mentioned anything about the first Supreme Court ruling or the second judgment in this case. They have been repeating the same argument for ten years. Ultimately, they are now saying that because he evaded military service, public sentiment prevents his entry. If we reverse this statement, it amounts to no different than saying 'regardless of any court ruling, I will not issue a visa.' The essence of this case is not draft 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. Please examine more closely the illegality of the entry ban decision."

The court concluded the oral arguments and scheduled a judgment announcement for September 4.

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

At that time, the court stated, "It is difficult to consider that Yoo Seung-jun's words and actions posed a risk of harming interests such as national security, public order, or diplomatic relations. When comparing the public interest gained by banning Yoo Seung-jun from entry with his private interests, the degree of infringement on Yoo was greater, constituting a violation of the principle of proportionality."

However, the court also added, "This judgment does not imply that Yoo Seung-jun's past behavior was appropriate. Even if Yoo Seung-jun is permitted to enter and reside in Korea, given the sufficiently matured level of public awareness, there is no concern that his presence or activities would pose any disadvantage or threat to safety in Korea." Additionally, in a 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 decision lacks actionable characteristics and is therefore not subject to judicial review."

Yoo Seung-jun has been unable to set foot on Korean soil for 24 years amid controversy over draft evasion, having filed lawsuits three times requesting cancellation of visa denials.

However, in June, Yoo Seung-jun revealed his intention to end the tedious 24-year struggle through a video titled "I've done enough. I'm going to stop now."

Yoo Seung-jun wrote, "This might be the last time I make such a video. I have suffered greatly over the years and have tried various ways to convey my feelings. In fact, I did not start this channel with the intention of sharing my story from the beginning, but eventually found myself recounting it again as if going in circles. However, just as truth does not change simply because people do not recognize it, if you understand my feelings, that is enough."

He continued, "I have asked myself countless times, 'Why can't I forget Korea and why do I miss it so much?' Answering this question led me to realize that there is no longer a need for me to spend my time and passion explaining the reasons, clarifying misunderstandings, or defending myself. For several years, I maintained my YouTube channel while rarely uploading videos because I wanted to correct misconceptions, waiting for the day when I could finally express my voice properly. But now, I am truly okay. The fact that I can communicate with you like this 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 is okay even 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 sincerely ask you to forgive me with a generous heart."

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*This content was translated by AI.