Court upholds passport revocation for activist's repeated attempt to reach Gaza

A Seoul court on Thursday upheld the government's decision to invalidate the passport of activist Kim Ah-hyun — who had repeatedly attempted to reach the Gaza Strip — ruling that the state's duty to protect its citizens outweighed restrictions placed on her freedom to travel.

The Gaza Strip has been designated by the Ministry of Foreign Affairs as a no-travel area, prohibiting visits or stays without government approval under the Passport Act.

The Seoul Administrative Court ruled against Kim in a lawsuit seeking to overturn an order by the Minister of Foreign Affairs requiring her to surrender her passport.

"The plaintiff's humanitarian beliefs and freedom to act should be respected, but the state also has a duty under Article 10 of the Constitution of the Republic of Korea to protect the lives and physical safety of its citizens," the court said. "If a specific risk to their safety can be anticipated, the state should fulfill its duty to protect them."

The court also found no legal problem with the Foreign Ministry issuing the order without providing advance notice or an opportunity for Kim to present her views.

It ruled that although the measure restricted Kim's freedom of movement, the restriction was not excessive in relation to the government's objective and therefore did not constitute an abuse of administrative discretion.

The court noted that the Passport Act does not require a person to remain in Korea until the date an order to surrender a passport is issued.

"Even if the person has already left the country at the time the measure is imposed, grounds for ordering the surrender of the passport can still exist," the court said.

The court further found that invalidating Kim's passport was effectively the only measure available to the ministry to protect her and the country's security and interests, even though it restricted her ability to travel abroad and participate in aid efforts for Gaza.

"The public interest pursued through the measure carries greater weight," the court said.

"Considering the risks to Kim's life and physical safety and the extent to which her freedom of movement was restricted, there was no protective measure available other than ordering her to surrender her passport," the court added. "The state cannot be placed in a constitutional dilemma between its duty to protect the life and physical safety of a citizen and that individual's freedom of movement exercised while knowingly accepting such risks."

Kim was detained by Israeli forces in October of last year while traveling toward the Gaza Strip aboard an aid flotilla opposing the blockade of Gaza. She was held in an Israeli detention facility and released two days later.

She later said she planned to participate in another aid flotilla bound for Gaza in January of this year.

The Foreign Ministry ordered Kim to surrender her passport on March 25, and the order was delivered to her two days later. However, Kim had already left Korea before receiving the order to participate in another voyage.

Her passport subsequently became invalid, as the Passport Act stipulates that a passport automatically loses its validity if its holder does not comply with an order to surrender it. Kim then filed an administrative lawsuit challenging the measure.

She again boarded an aid vessel bound for Gaza but was detained by Israeli forces in waters near the Gaza Strip in May. She was later released and returned to Korea on May 22.

Kim also filed a constitutional complaint challenging the relevant provision of the Passport Act, but the Constitutional Court of Korea dismissed the case during its preliminary review in May.BY CHO MUN-GYU [[email protected]]