logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.16 2015구합5252
여권재발급신청거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, a national of the Republic of Korea, currently residing in California, applied for the reissuance of the passport to the Defendant through the Luxembourg General on March 24, 2015, when the valid period of the passport in his possession expires as of August 4, 2010.

B. On June 8, 2015, the Defendant notified the Plaintiff of his refusal to apply for the issuance of a passport on the ground that the Plaintiff was aware of the suspension of prosecution and the suspension of appointment due to the violation of the Fraudulent and Labor Standards Act and the Labor Standards Act, and that it constitutes the reason under Article 12(1)1 of the Passport Act (a person whose indictment was suspended due to an escape abroad after committing a crime corresponding to a punishment for a maximum of three years or more).

(hereinafter referred to as “instant refusal disposition”). C.

On April 6, 2015, prior to the issuance of the instant refusal disposition, the Plaintiff asserted that the Plaintiff rejected the issuance of a passport by rejecting all the application documents for passport filed by the Plaintiff. On April 27, 2015, the Plaintiff filed the instant lawsuit.

On December 11, 2003, the plaintiff filed a complaint against the plaintiff on December 1, 2003 due to the payment of wages and retirement allowances, and C and seven other persons, who were the workers of the KCAB, operated in Korea, filed a complaint against the plaintiff on March 13, 2014, and D and E revoked revoked their complaint against the plaintiff on May 7, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 12 through 14, Eul evidence Nos. 1 through 3, 5, 6 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 12(1)1 of the Passport Act provides that a person whose indictment has been suspended due to an escape from abroad after committing a crime corresponding to a punishment for a maximum term of three years or more shall be judged by the Minister of Foreign Affairs, even though the conviction was not finalized, so that he/she may refuse the relevant application based on his/her criminal responsibility for the applicant for the issuance of the relevant passport, which is against the constitutional presumption of innocence, and the long-term term of

arrow