입국금지처분 취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The plaintiff is a foreigner of the Australian nationality.
B. On December 23, 2016, the Plaintiff was convicted of a fine of KRW 6 million on the ground of the crime committed by a police officer’s legitimate performance of duties in relation to a criminal investigation at the Seoul Central District Court on June 28, 2017, and the crime committed by quasi-indecent act by taking advantage of the victim’s mental or physical disorder or the state of failing to resist, and the judgment became final and conclusive.
C. On July 4, 2017, the Defendant issued a departure order to the Plaintiff, and the Plaintiff left the Republic of Korea on July 14, 2017.
In addition to the above departure order, the Plaintiff sought revocation of the disposition of entry prohibition by the instant lawsuit on July 14, 2017, on the premise that the Defendant was also taking a disposition to prohibit entry into the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 2 and 5, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The gist of the Defendant’s main defense does not allow the Plaintiff to enter the Republic of Korea.
The instant lawsuit is unlawful as seeking the revocation of a non-existent disposition.
B. Determination 1) The Minister of Justice may prohibit a person, etc. who is deemed highly likely to engage in any conduct detrimental to the interest or public safety of the Republic of Korea, a person who is highly likely to engage in any conduct detrimental to the economic or social order or good morals (Article 11(1)3 and 4 of the Immigration Control Act). In such a case, the Minister of Justice shall, without delay, manage the relevant data in accordance with the procedures for informatization service (Article 13 of the Enforcement Decree of the same Act). When a foreigner enters the Republic of Korea, the Minister of Justice shall have a valid passport and a visa issued by the Minister of Justice (Article 7(1) of the same Act and as delegated by the Minister of Justice).