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(영문) 대전지방법원 2018.07.11 2017구합106632
사증발급거부처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a foreigner of Canada’s nationality (the birth in 1966, the male) who entered the Republic of Korea on July 26, 2002 and was residing in the Republic of Korea as the sojourn status (E-2) by September 16, 2012.

B. Around August 2017, the Plaintiff applied for the recognition of visa issuance for the status of professor (E-1) sojourn to the Defendant, but the Defendant, on August 14, 2017, determined that the Plaintiff violated the law of the Republic of Korea during the past stay in the Republic of Korea as follows, thereby falling under Article 11(1)3 and 4 of the Immigration Control Act, and refused to issue the visa to the Plaintiff:

(2) On November 14, 2007, a fine of two million won for violation of the Road Traffic Act (unlicensed Driving) was imposed on November 14, 2007, and on June 29, 2012, 3201, a fine of one million won (based on recognition) for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “instant disposition”). The details of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the purport of the entire pleadings, each of the statements in subparagraphs 1 through 4, and the purport of the whole pleadings.

2. Whether the lawsuit is lawful;

A. The Defendant’s main defense against the safety cannot be deemed as having legal interest in obtaining a visa from the Plaintiff, who is a foreigner under the relevant Acts and subordinate statutes, such as the Immigration Control Act, and the act of issuing a visa from the country of sovereign rights is basically different from that of a general disposition or omission by an administrative agency, and thus, is basically different from that of a disposition or omission by an administrative agency. Thus, the instant lawsuit shall be dismissed on the grounds that it was instituted by a person who is not standing to sue or is not subject to

(b) as shown in the attached Form of the relevant statutes;

C. Whether a standing to sue is determined in a lawsuit seeking revocation of an administrative disposition 1 is not determined depending on whether the relevant disposition is the other party to the disposition, but on whether there is a legal interest to seek revocation thereof.

The legal interest here means the basis of the disposition concerned.

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