여권발급거부처분취소
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 Sep. 30, 2004 and Oct. 4, 2004, the Plaintiff was indicted on Dec. 2, 2004 on the charge that he conspired with a domestic counterfeit business operator on Sep. 30, 2004 and forged a university graduate certificate and a sexual certificate in his name.
B. On February 16, 2006, the term of validity of the previous passport issued was expired and applied for the issuance of the passport again to the Defendant on March 28, 2016, while staying in the United States without returning to the Republic of Korea, even though the Plaintiff became aware of the status of the suspension of indictment in the process of applying for the issuance of the passport.
C. On September 22, 2016, the Defendant refused to issue a passport to the Plaintiff by applying Article 12(1)1 of the Passport Act on the grounds that the Plaintiff was under suspension of indictment due to suspicion of forging private documents, etc.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1 through 13, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff had been staying in the U.S. before the issue of suspected charge of forging private documents, etc., so it cannot be deemed that the requirement of "a crime should be committed and escape abroad," which is the reason for refusal of issuance of a passport under the latter part of Article 12 (1) 1 of the Passport Act, is satisfied.
(b) Entry in the attached statutes of the relevant statutes;
C. The latter part of Article 12(1)1 of the former part of the former Passport Act provides that the issuance or reissuance of a passport may be refused with respect to “a person whose indictment has been suspended due to a crime corresponding to a punishment for not less than three years and an escape abroad,” and Article 19(1)1 and 2 of the same Act also order the said person to return the passport valid. The legislative purport of each of the above provisions is to restrict the use of a passport corresponding to an identification certificate in a foreign country with respect to a person who commits a relatively serious crime corresponding to a punishment for a maximum term of not less than three years.