사증발급거부처분취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Details of the disposition
On September 18, 2019, the plaintiff filed a marriage report with B who is a national of the Republic of Korea, as a foreigner of Vietnam nationality.
On July 17, 2009, the Plaintiff entered the Republic of Korea for a short-term general visit (C-3) sojourn status (date of expiration of stay: October 18, 2009) using a passport stating false personal information and illegally stays beyond the expiration date of stay.
On February 26, 2019, departure was made around February 26, 2019.
On October 30, 2019, the Plaintiff filed an application with the Defendant for the issuance of a visa for marriage immigration (F-6) on the ground that he/she is a spouse B who is a national of the Republic of Korea. However, the Defendant rejected the application on February 18, 2020 on the ground that “the Plaintiff constitutes Article 11(1) of the Immigration Control Act.”
[Reasons for Recognition] There is no dispute, there is no legal interest in seeking revocation of the disposition of refusal to issue a visa to the plaintiff, who is a summary of the defense prior to the judgment of the defendant's merits as to Gap's evidence, the whole purport of the arguments, and the defendant's defense prior to the merits.
Whether a standing to sue in a revocation lawsuit against the relevant administrative disposition is determined according to whether it is the other party to the relevant disposition, not based on whether there is a legal interest to seek revocation thereof.
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 cases where there is only an indirect or factual economic interest.
In principle, the Immigration Control Act provides that a foreigner shall have a valid passport and a visa issued by the Minister of Justice of the Republic of Korea when entering 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.
The issuance of visas shall be made to foreigners.