사증발급거부처분취소
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
The plaintiff's total costs of litigation.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Whether to recognize standing to sue;
A. Whether a plaintiff is standing to sue in a lawsuit seeking revocation of an administrative disposition is determined according to whether there is a legal interest to seek revocation, not based on whether the disposition in question is the other party to the disposition in question.
The legal interest here refers to a case where there is a direct and specific benefit protected by the law based on the pertinent disposition, and it does not include any case where it is an indirect or factual economic interest.
(Supreme Court Decision 9Du8565 delivered on September 28, 2001, etc.). B.
The former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter “Immigration Control Act”) provides that a foreigner shall, in principle, obtain a valid passport and a visa issued by the Minister of Justice of the Republic of Korea when the foreigner enters the Republic of Korea (Article 7(1)), and that the foreigner shall undergo an entry inspection at the entry port of entry and departure (Article 12(1)).
Therefore, even if a foreigner has already obtained a visa, entry inspection at entry and departure port is not exempted.
It is reasonable to view that the issuance of a visa does not grant a foreigner the right to enter the Republic of Korea or a full decision of entry permission in the sense of guaranteeing entry, but has the nature of a foreigner as a preliminary condition to enter the Republic of Korea or a recommendation
Meanwhile, the Immigration Control Act stipulates that any foreigner who intends to enter the Republic of Korea shall obtain the status of stay prescribed by Presidential Decree (Article 10(1)), the standards and procedures for the issuance of visas shall be prescribed by Ordinance of the Ministry of Justice (Article 8(3)).
According to the delegation, the attached Table 1 of Article 12 of the Enforcement Decree of the Immigration Control Act stipulates various status of stay for foreigners.