국외여행 기간연장 허가취소 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 30, 2012, the Plaintiff was born between the parents of the Republic of Korea nationality, and was assigned to be enlisted in active service of Grade II in the draft physical.
Since then, pursuant to Article 60(2) of the Military Service Act, the Plaintiff was postponed from enlistment on November 19, 2014 due to his attending a domestic school (Cuniversity management).
B. On September 27, 2017, the Plaintiff obtained permission for overseas travel from the Defendant from October 9, 2017 to December 31, 2017 on the grounds of “short-term overseas travel” pursuant to Article 70(1)1 of the Military Service Act, and left Canada on October 10, 2017.
C. On October 25, 2017, the Plaintiff filed an application with the Defendant for extension of the period of overseas travel for the purpose of immigration on the ground that “a person who has resided abroad for at least five consecutive years, such as his/her parents,” through a Korean consul stationed in the
On October 26, 2017, the Defendant rendered a disposition to grant permission for extension of the period of overseas travel (hereinafter “instant original disposition”) under Article 70 of the Military Service Act and Articles 146, 147-2, and 149 of the former Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 28905, May 28, 2018; hereinafter “former Enforcement Decree of the Military Service Act”) to the Plaintiff, and Articles 5 and 15 of the Regulations on the Business of Overseas Travel (hereinafter “the Regulations on Overseas Travel”) to the effect that “where the Plaintiff resides overseas as his/her father or mother has acquired permanent sovereignty, etc.” constitutes grounds for permission for the purpose of overseas travel, the period of permission was granted from January 1, 2018 to December 31, 2027.
On March 8, 2018, the Defendant contacted the Plaintiff that the instant original disposition can be revoked, and issued a disposition to revoke permission for extension of overseas travel for the purpose of overseas immigration (hereinafter “instant disposition of revocation”) on May 4, 2018, following prior notice and the receipt of the Plaintiff’s written opinion.
Grounds for revocation: Overseas the base of living shall be the United States.