2. The Defendant’s refusal to issue a visa against the Plaintiff on July 16, 2013.

A. The Plaintiff, as a national of the People’s Republic of China (hereinafter “China”), completed the marriage report with B on April 5, 2010, who is a national of the Republic of Korea.

B. On May 14, 2010, the Plaintiff filed an application with the Defendant for the issuance of a visa for the status of stay for marriage immigrants (F-6), but rejected on August 9, 2010 on the ground of “abstinence of marriage,” and thereafter, received a rejection disposition on the grounds of “abstinence of marriage, etc.” on August 18, 2011 and September 3, 2012, respectively.

C. On May 27, 2013, the Plaintiff applied for the issuance of a visa to the Defendant for the status of stay for marriage immigration (F-6). However, on July 16, 2013, the Defendant rejected the Plaintiff’s application on the ground of “B’s lack of family support capacity” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 3, 5 evidence, Eul evidence 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s main defense content ① The Defendant’s main defense does not have the right to file a legal or legitimate application against a certain country, and thus, the instant disposition is not eligible for an appeal litigation.

② A foreigner is not free to enter the Republic of Korea, and visa-related provisions do not grant a foreigner the right to obtain a visa or any legal interest, and only a benefit arising from the issuance of a visa is a reflective interest, and there is no standing to sue to seek revocation of the disposition of this case against the Plaintiff

Therefore, the instant lawsuit seeking revocation of the instant disposition is unlawful.

B. If an administrative agency’s refusal of a certain person’s affirmative filing of an appeal against the instant disposition constitutes an administrative disposition that is subject to appeal litigation with respect to an action of denial of an appeal against the pertinent person’s affirmative filing of an appeal, the agency’s filing of the instant disposition is the exercise of public authority or equivalent action.