Morse Tan, former U.S. Ambassador-at-Large for Global Criminal Justice, delivers a speech at the Conservative Political Action Conference (CPAC) in National Harbor, Maryland, on February 21, 2025. [KCPAC] 

The legal team for Morse Tan, former U.S. Ambassador-at-Large for Global Criminal Justice, who has been indicted on charges of defaming Lee Jae-myung, has intensified its legal response by filing a motion for a constitutional review of the Immigration Act provisions concerning the exit bans on foreigners. 

According to the legal community on the 18th, Tan's representatives filed a request for a constitutional review of Article 4, Paragraph 1, Subparagraph 1, and Article 29 of the Immigration Act with the 11-3 Administrative Division of the Seoul High Court (Presiding Judges Kim Woo-soo, Bae Hyung-won, and Ji Young-nan) on the 14th. 

These provisions authorize the Minister of Justice to impose a travel ban or exit suspension for a period of up to six months on individuals currently undergoing criminal trials and on foreign nationals.

If the court accepts the request and refers the case to the Constitutional Court for a ruling on its constitutionality, the ongoing related trials will be fully suspended until the Constitutional Court reaches a final decision. 

Consequently, concerns are being raised that this will significantly reduce judicial efficiency, prolong legal battles, and exacerbate the waste of judicial resources.

Furthermore, some in diplomatic circles warn that the repeated imposition of travel bans, which keeps a former high-ranking U.S. official who served in the first Trump administration indefinitely in the country, could cause unnecessary misunderstandings and friction in South Korea-U.S. relations.

Critics also argue that insisting on excessive travel restrictions, especially when the case could sufficiently proceed without detention, only serves to stir up political and social controversy without contributing to any substantive public interest.

As Tan's side escalates its legal response, there is a growing call for a more forward-looking approach—one that prioritizes reasonable judicial management to minimize the loss of national interests rather than persisting with excessive coercive measures.

Reporter Lim Yo-hee