Twice-detained Korean activist Kim Ah-hyun fails to overturn court order that invalidated her passport

Activist Kim Ah-hyun failed to overturn a court decision that invalidated her passport after she attempted to enter the travel-restricted region of Gaza.

Kim was recently released by Israeli forces after being seized aboard a Gaza-bound aid flotilla in international waters off the Gaza Strip — which is currently a travel-restricted area for Koreans — on May 19, which was her second attempt to enter the region. She was released the following day, alongside another Korean activist, Kim Dong-hyeon, whose ship was intercepted near Cyprus, a day before Kim Ah-hyun was seized. The two entered Korea on Friday.

Kim Ah-hyun's passport was invalidated after her first attempt to sail to Gaza aboard a humanitarian flotilla protesting the blockade of the territory in October last year. She was arrested by the Israeli military, detained in a local prison and released two days later.

The Foreign Ministry later ordered Kim to surrender her passport on March 25 and formally delivered the order on March 27. However, she had already delegated legal authority to a team of lawyers from Lawyers for a Democratic Society, or Minbyun, earlier that month and departed for a third country in preparation for another voyage before the ministry’s action took effect.

Representing Kim, Minbyun filed the constitutional complaint, arguing that Article 13, Clause 1, Subparagraph 8 of the Passport Act is unconstitutional. The provision says a passport automatically becomes invalid if a person does not hand it over after receiving a surrender order without a valid reason.

The Constitutional Court, however, dismissed Kim’s constitutional complaint during a preliminary review on May 19, according to legal sources on Tuesday. The court also dismissed Kim’s request for an injunction to suspend the effect of the provision.

The court ruled that Kim did not meet legal requirements because the activist filed the constitutional complaint without first using other available legal options. The court also said the petition had procedural problems and could not be fixed.

Earlier this month, despite her passport being invalidated, Kim boarded another aid vessel bound for Gaza from a third country, where she was once again detained. She was able to return to Korea using a travel certificate issued by the Foreign Ministry.

“Many people are dying not only from bombings but also from starvation,” Kim explained on Friday to reporters at Incheon International Airport.

“Because there are people there, I believed I had to attempt the voyage again, no matter how dangerous the situation in the Middle East may be,” she continued.

“I always plan to go to Gaza,” Kim added, noting that another voyage to the territory would be attempted. 

Kim  further alleged having been assaulted by Israeli soldiers. The Korean government summoned the acting Israeli ambassador to Seoul and urged a thorough investigation.

The Foreign Ministry, however, said any consideration of reissuing Kim’s passport would require assurances that she would not attempt to enter Gaza again.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.

BY JANG GU-SEUL [[email protected]]