Morse Tan (Korean name: Dan Hyun-myung), a professor at Liberty University in the U.S. who is facing defamation charges against President Lee Jae-myung, answers questions from citizens during a press conference held in front of the Handball Gymnasium at Olympic Park in Songpa-gu, Seoul, on the 24th. [Yonhap News]

Morse Tan (Korean name: Dan Hyun-myung), a former Ambassador-at-Large for Global Criminal Justice who was referred to the prosecution on charges of defaming Lee Jae-myung, has requested that the court suspend the execution of his second exit ban.

On the 3rd, former Ambassador Tan attended a hearing at the Seoul Administrative Court, presided over by Judge Kim Tae-hwan of the 3rd Administrative Division, to argue for the suspension of the second exit ban, claiming it was an "illegal measure against a U.S. citizen."

He stated, "If this litigation continues, it will create a reciprocal precedent where Koreans could be tried in U.S. courts for defamatory remarks about the U.S. president made on South Korean soil," adding that this is "an absurd outcome."

He further argued, "The South Korean Constitution guarantees freedom of expression, which includes political speech," and maintained, "This measure is not how an ally should treat an ambassador."

He is currently under investigation in South Korea for allegedly making false statements, including claims during a press conference held in the U.S. last year that President Lee had been involved in a murder case and imprisoned in a juvenile detention center during his youth.

The police had applied for an exit ban to the court on the grounds that former Ambassador Tan, who visited Korea on May 28, did not comply with police summons. On the 1st of this month, the police referred him to the prosecution on charges including defamation under the Information and Communications Network Act, after which the prosecution lifted the existing ban and issued a new one.

Having previously requested a suspension of the first exit ban—which was rejected—he filed a new request after the ban was extended from the 1st to the end of this month.

Initially, this request for suspension targeted the police's extension of the exit ban. However, early in the hearing, the court confirmed through a representative from the Ministry of Justice that a separate exit ban had been issued by the prosecution following his referral.

The Ministry of Justice argued, "An investigation is a continuous process from the recognition of charges to prosecution. It is difficult to conclude that the necessity for investigation has vanished simply because the applicant appeared once after repeatedly ignoring summons from investigative agencies." They emphasized, "Given his history of failing to comply with past summons, it is difficult to expect that he would return if he were allowed to leave the country."

The court announced that it would deliver its decision on the hearing by the 6th.

Meanwhile, some analysts suggest that the prosecution's moves against former Ambassador Tan are related to the amendment of the Information and Communications Network Act, which is set to take effect in a few days.

This is because the charges brought against him—dissemination of false information and claims of election fraud—align with the charges that can be applied to the general public under the so-called "Muzzle Law," which goes into effect on the 7th.

In other words, the analysis is that the Lee Jae-myung administration is using former Ambassador Tan as a model for legal enforcement for domestic political purposes. The intention, according to this analysis, is to suppress backlash against the implementation of the "Muzzle Law" by highlighting that even a former U.S. ambassador can be dealt with under Korean law.

It could also be interpreted as a warning that those who criticize the Lee Jae-myung administration or make claims of election fraud—even from overseas—could face prosecution just like former Ambassador Tan.

If the prosecution decides to indict former Ambassador Tan, the case will leave their hands and move to the court, initiating formal criminal trial proceedings. His status will change from "suspect" to "defendant."

The process will begin with the delivery of the indictment, after which the defendant will typically have two weeks to submit a written opinion to the court stating whether they admit or refute the charges. Subsequently, a formal trial (hearing) will be held where prosecutors and the defendant will argue over guilt or innocence before a judge.

It is currently impossible to gauge whether the first-instance verdict will be an acquittal, a fine, a suspended sentence, or actual imprisonment.

However, if either side is dissatisfied with the first-instance verdict, an appeal can be filed within seven days; the prosecution may also appeal if the result is an acquittal or an overly lenient sentence.

If there is dissatisfaction with the appellate court's result, the case can proceed to a Supreme Court ruling, which typically takes at least 18 months to two years. Depending on the complexity of the case or whether the defendant is in custody, this could stretch for more than three years.

Such a schedule means this trial could be drawn out until the 2028 general elections. The logic is that even if former Ambassador Tan is acquitted or given a suspended sentence after the elections, the intervening period allows the authorities to remove obstacles to enforcing the law on the same charges both domestically and internationally.

It also appears that the Korean authorities have considered the practical reality that it would be difficult for the U.S. administration to find a justification to directly intervene in a matter that is currently under judicial process before a final conclusion is reached.

In other words, this also means that as long as the trial continues, the Lee Jae-myung administration will be able to rigorously prosecute "dissemination of false information and claims of election fraud" as current criminal offenses, particularly targeting South Korean citizens.

This is precisely why the prosecution's actions regarding former Ambassador Tan are analyzed as a card being played for domestic political purposes.

U.S. NNP = Representative Journalist Sung Ku Hong / Special Dispatch NNP info@newsandpost.com