1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The details corresponding to the judgment of the first instance court concerning the disposition are the same;

2. The instant disposition is an administrative disposition that directly affects the Plaintiff’s rights and obligations, which is a sanction against entry into the Republic of Korea, and thus constitutes an administrative disposition that is subject to appeal litigation.

A lawsuit seeking the revocation of an administrative disposition is a lawsuit seeking the restoration to the original state by removing the illegal state arising from such disposition and protecting or removing the rights and interests infringed or obstructed by such disposition, and thus the disposition is revoked.

Even if restitution is impossible, there is no benefit to seek cancellation of the disposition, but even if restitution is impossible, it is deemed that there is a benefit to seek cancellation of the disposition in terms of securing administrative legality, judicial control, expansion of citizen's right to remedy, etc., in cases where it is deemed necessary to clarify the legal issues that may be repeated due to the same cause as that of the administrative disposition among the parties to the same lawsuit, etc.

(See Supreme Court Decision 2007Du13203 Decided February 14, 2008). The Plaintiff’s future re-entry in the Republic of Korea is likely to impose the same kind of disposition for the same reason as the instant disposition. Therefore, it is reasonable to view that the benefit of lawsuit seeking revocation of the instant disposition still remains.

3. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the frequency of smoking marijuana was only one time, and the Plaintiff’s mistake was led to the confession and reflect of his mistake, it is likely that the Plaintiff is an addict to narcotics, or the Plaintiff is likely to cause harm to public health.

Any act detrimental to the interest of the Republic of Korea or public safety or good morals shall not be considered to be likely to be committed.

(b).