A peace activist, Kim Ah-hyun (alias Haechu), who attempted to enter the restricted Gaza Strip, lost a lawsuit seeking to overturn the Ministry of Foreign Affairs' order to return her passport.
On August 27, the Administrative Division 12 of the Seoul Administrative Court, led by Judge Kang Jae-won, ruled against Kim in her lawsuit to cancel the passport return order.
The court stated, "There are no procedural defects in the order, and the grounds for the order are recognized under Article 19, Section 1, Item 2 of the Passport Act." It added, "Even if the order restricts the plaintiff's freedom of residence and movement, it does not violate the principle of proportionality and does not constitute an abuse of discretion."
The court explained, "The plaintiff had already departed for France and was clearly expected to attempt to sail to the Gaza Strip in the near future. Given the Israeli airstrikes on Gaza, control over maritime routes to Gaza, and the ongoing Middle Eastern conflict that began in February, there was a significant risk to the plaintiff's life and safety, justifying the need for urgent action for public safety or welfare, which allowed for exceptions to prior notification and consultation."
It further noted, "The plaintiff fell into the category of 'individuals whose life or physical safety is at high risk due to terrorism or similar threats upon departure.' In this case, there was a serious concern that public order could be significantly disrupted, and there was a risk of diplomatic disputes between South Korea and Israel or other foreign powers. Particularly, during the ongoing Middle Eastern conflict, the diplomatic relations with countries like Israel could have a critical impact on national security and interests, thus falling under the category of 'situations that could cause significant harm to the security, order maintenance, or foreign policy of South Korea.'"
The court emphasized, "Considering the degree of risk to the plaintiff's life and safety, the importance of the right to life that is subject to protection, the extent of the restriction on freedom of residence and movement, the urgency of the obligation to protect life, and the significance of the public interest sought to be achieved by this order, it is determined that the defendant had no alternative means of protection other than issuing the passport return order, and therefore, it cannot be seen as a violation of the principle of proportionality regarding the restriction of the plaintiff's freedom of residence and movement."
Kim announced her plans to head to Gaza after departing for France on March 11 to join a humanitarian flotilla. The Ministry of Foreign Affairs ordered her to return her passport within seven days of receiving the notification on March 20, citing Article 19, Section 1, Item 2 of the Passport Act.
On April 1, the Public Interest and Human Rights Litigation Center of the Lawyers for a Democratic Society filed a lawsuit to cancel the passport return order. They argued, "The activist is currently lawfully in a third country, and her boarding status is uncertain. Nevertheless, the sudden revocation of her passport by the Ministry of Foreign Affairs lacks clear grounds and legality."
* This article has been translated by AI.
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