Former US Ambassador Faces Defamation Trial in South Korea Over Speech on American Soil

Morse Tan, a former U.S. ambassador and legal scholar, appeared in a South Korean court Friday to face charges of defamation against President Lee Jae Myung. The case stems from remarks Tan made during a speech at the National Press Club in Washington, D.C., in June 2025, where he discussed alleged past criminal actions by Lee during his youth. Tan has been unable to leave South Korea since visiting the country in May due to the charges, which fall under South Korea's Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Criminal Act.

During the National Press Club event, titled "Report on Election Fraud," Tan responded to a question by citing allegations that Lee, now 62, was involved in a gang rape and murder as a teenager, and was subsequently sent to a juvenile detention center. South Korean prosecutors, however, have stated that these allegations are unsubstantiated. The Korea JoongAng Daily reported that prosecutors concluded Lee had not been prevented from attending middle or high school due to any such criminal record. KBS World also reported that an investigation found no record of Lee being incarcerated at a juvenile detention center, deeming the rumors false.

Tan has pleaded not guilty, asserting his belief in Lee's guilt. His attorney argued that even if jurisdiction were accepted, Tan's statements did not present false information and he was unaware of any falsehoods, lacking intent to defame. Tan, who has taught constitutional law and served as dean of Liberty University’s law school, expressed his view that the prosecution of his speech, protected in the U.S., utilizes a "dubious category" of criminal defamation not present in American law.

He further claims the charges violate his due process rights, arguing that the South Korean judicial system lacks jurisdiction over speech made on U.S. soil. Tan also faces a second charge related to comments made during a July 2025 talk in South Korea, which he describes as "political lawfare" and "persecution, not a prosecution." He believes the legal action is motivated by his outspoken criticism of Lee’s policies concerning North Korea and China, viewing himself as a threat to the "communizing of South Korea."

The South Korean Embassy in Washington, D.C., stated that the case is being handled in accordance with relevant laws, established principles, and due process, with departure restrictions reviewed accordingly. The U.S. State Department declined to comment on the specifics of the case, citing privacy and other considerations, while affirming the priority of American safety and security.

Tan expressed disappointment that U.S. Ambassador to South Korea Michelle Steel, also a Korean-American, has not publicly addressed his case. The Seoul Metropolitan Police Agency Cyber had initially dismissed a complaint about Tan's statements in April 2026, citing "no right to prosecute," before the prosecution requested a reinvestigation. If convicted, Tan could face imprisonment under South Korean law.