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(영문) 서울행정법원 2018.11.26 2018구합65378
국외여행허가기간연장거부처분 취소소송
Text

1. The Defendant’s refusal to grant permission for extension of overseas travel to the Plaintiff on March 16, 2018 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a dual nationality holder who is born at C Hospital of the United States of America on the second day between the parents who are Korean nationals and both the Korean nationality and the United States citizenship.

B. The Plaintiff entered a high school located in the United States of America around 2006, and entered a four-year university located in the United States of America around 2010, and from July 30, 2015, the Plaintiff was scheduled to graduate from the above dental school on May 19, 2019.

C. On December 22, 2015, the Plaintiff, who was enlisted in active duty service, obtained permission for extension of the period of overseas travel from the Defendant (from December 22, 2015 to August 19, 2019) on the ground that he was permitted to study abroad, and applied for extension of the period of overseas travel to the United States of America on February 28, 2018 (hereinafter “instant application”).

On March 16, 2018, the Defendant rejected the instant application and notified the rejection of permission for extension of overseas travel (hereinafter “instant disposition”), and the grounds for the disposition indicated in the instant disposition are as follows.

The grounds for rejection of Article 70 of the Enforcement Decree of the Military Service Act Article 146 of the former Enforcement Decree of the Military Service Act (amended by Ordinance of the Military Manpower Administration Directive No. 1525 of May 29, 2018, hereinafter “instant Directive”) [Attachment 2] No. 1-A of the annual annexed Table 2, “this case’s Directive No. 1-A” is a dual nationality holder: ① a person with multiple nationality who continues to reside overseas with a father or mother who has the permanent sovereignty or citizenship of a foreign country; ② a person who continues to reside overseas with his parent before he reaches the age of 24; ③ a person who continues to reside overseas for at least ten consecutive years; and a person who continues to reside overseas.

The plaintiff is a person with multiple nationalities or parents of the birth of the United States of America, and the plaintiff himself is also a resident in the Republic of Korea, and the total of 219 days shall be one year from July 19, 2014 to July 18, 2015.

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