사법부를 향한 전례 없는 정면돌파: 모스 탄 교수의 ‘재판부 기피’가 던지는 파장 > K-wave Trends

This incident began when the court dismissed an application for a suspension of execution of a departure ban filed by Professor Mostan. Professor Tan's side strongly asserts that the court served the decision too late after the hearing date, effectively blocking the defendant from leaving the country and infringing on the defendant's right to defense. In particular, the fact that the decision was delivered only on the morning of Professor Tan's scheduled departure, and that the court was reported to the Corruption Investigation Office on charges of dereliction of duty and abuse of power, shows extreme distrust in the judiciary. The legal representatives argued that it is impossible to expect a fair trial in a court where the accused is the presiding judge, and emphasized that this application for recusal is an inevitable choice to protect rights. This shows a strong will to tackle the bias of the court head on, even if it means delaying the judicial process.

However, Professor Tan’s argument is leading some in the legal community to point out that it is difficult to avoid criticism that it is ‘privatization of judicial procedures’. Although the court's decision to dismiss was a legal judgment that prioritized the risk of escape and public welfare in a situation where the police investigation is ongoing, there are concerns that framing this as an ‘unfair trial’ could undermine the independence of the judiciary. The court also warned that if the lawsuit was delayed, it could be detrimental to the plaintiff, but Professor Tan did not back down, saying, “The right to a fair trial is much more important than the delay in the lawsuit.” In the end, due to this application for recusal, the hearing on the main case was postponed indefinitely, and as a separate procedure was conducted to determine the adequacy of the court, the focus of the case completely shifted to a procedural debate rather than a substantive investigation of defamation charges.

Behind the incident, there is a volatile conspiracy theory raised by Professor Tan called ‘the theory of President Lee Jae-myung being imprisoned in a juvenile detention center.’ Professor Tan's side argues that the president should disclose the facts transparently, citing the fact that the records in question have been destroyed and it is difficult for the general public to prove the case. On the other hand, the investigative authorities are continuing their investigation, considering the remarks to be clearly false and fabricated information and a criminal act that seriously damages the reputation of the head of state. Professor Tan served as the State Department's Ambassador for International Criminal Justice during the first Trump administration, and was at the center of domestic political conflict by raising suspicions of election fraud in Korea. Because of this background, the suspension of his departure from the country and the resulting legal response are going beyond a simple individual lawsuit and are becoming a proxy war between political camps.

Professor Tan’s side is seeking to make this an international issue by defining this lawsuit as a ‘suppression of freedom of expression’ and an ‘act that harms the ROK-US alliance and national interests.’ Even after entering the country, he took active steps by visiting protest sites under the pretext of monitoring election fraud, which was read as a political message aimed at putting pressure on the judicial authorities' investigative network. The police imposed a suspension on Professor Tan's departure from the country after he failed to comply with several requests to appear, and as the Ministry of Justice approved this, the conflict between the two sides is intensifying even outside the courtroom. Professor Tan's side appealed the decision to dismiss the suspension of execution through an immediate appeal, and the case now awaits the decision of the Seoul High Court. The longer the legal battle continues, the more uncertain Professor Tan's departure will become, and the political controversy in Korea is not expected to subside.