사증발급거부처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s disposition rejecting the issuance of a visa against the Plaintiff on September 2, 2015 is revoked.
1. Basic facts
A. The plaintiff was born in the Republic of Korea on the third day and acquired U.S. citizenship on January 18, 2002, and lost the nationality of the Republic of Korea on the same day, and the defendant is the head of diplomatic missions delegated by the Minister of Justice with authority to issue visa.
B. On January 28, 2002, the Commissioner of the Military Manpower Administration requested on the Minister of Justice that the Plaintiff “if the Plaintiff wants to enter the Republic of Korea as an overseas Korean qualification, he shall not engage in profit-making activities, such as employment, taking on hand, etc., in the Republic of Korea, and where it is impossible, the Plaintiff could not engage in any profit-making activities, such as employment, taking on hand, etc., in the Republic of Korea, in the event that the Plaintiff entered the Republic of Korea as an overseas Korean and engages in entertainment activities, such as broadcasting activities, publication of records, performances, etc., by acquiring the U.S. citizenship’s right to travel.”
C. On February 1, 2002, the Minister of Justice decided to prohibit the Plaintiff from entering the Republic of Korea pursuant to Article 11(1)3, 4, and 8 of the Immigration Control Act, and entered the information in the “Immigration Information System”, an internal computer network, but did not notify the Plaintiff.
(hereinafter referred to as "the prohibition of entry of this case") D.
On August 27, 2015, the Plaintiff applied for the issuance of a visa to the Defendant for the visa for overseas Koreans (F-4).
On September 2, 2015, the Defendant notified the Plaintiff’s father D that “the Plaintiff constitutes a person subject to immigration control and thus the issuance of a visa was denied.” The detailed reasons are the same to the Ministry of Justice. The Defendant returned the passport and the application for the issuance of a visa around that time, and did not prepare a disposition of refusal to issue a visa stating the reasons for the disposition.
(hereinafter referred to as "the rejection disposition of the issuance of the instant visa").
In the lawsuit of this case.