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(영문) 서울행정법원 2021.03.25 2020구단69512
여권/사증발급거부처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. B (hereinafter “non-party”) married with the Plaintiff on December 11, 2018, with the nationality of the Republic of Rozbeist (Roe) of the Republic of Rozbeist.

B. On March 19, 2019, the non-party filed an application for visa issuance with the plaintiff's invitation on the ground that he/she is the spouse of the plaintiff who is a national of the Republic of Korea. However, on May 30, 2019, the defendant did not verify the authenticity of documents submitted to the non-party to the lawsuit, failed to sufficiently explain the purpose of entry, and refused to issue the visa on the ground that the marriage lacks authenticity (hereinafter "the disposition in this case") (hereinafter "the ground for recognition"). The non-party did not dispute over the issue of the visa on the ground that the plaintiff's spouse is the plaintiff who is a national of the Republic of Korea, and filed an application for visa issuance of the status of stay for marriage (F-6)

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on the defense prior to the merits

A. The summary of the Defendant’s defense prior to the merits 1) The Plaintiff, a non-party’s spouse, is merely an indirect or factual and economic interest in relation to the disposition of refusal to issue a visa to the non-party, and thus, there is no legal interest in seeking the revocation of the instant disposition.

2) Since there is no legal or logical right to require the Defendant to issue a visa to a foreign foreign person, the instant disposition does not constitute an administrative disposition that is the subject of an appeal.

B. 1) Determination 1) The issue of whether a person is qualified as a plaintiff in a lawsuit seeking revocation of an administrative disposition is determined not depending on whether the person is the other party to the pertinent disposition, but on whether there is a legal interest to seek revocation. The legal interest here refers to a case where a person has a direct and specific interest protected by a law based on the relevant disposition, and it does not include cases where there is an indirect or factual interest (see, e.g., Supreme Court Decision 928565, Sept. 28, 2001).

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