1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 6, 2004, the Plaintiff, a Vietnam national, entered the Republic of Korea as the status of sojourn for industrial training (D-3) on or around July 6, 2004, but became missing on or around April 20, 2005.

B. The Plaintiff reported the marriage on June 7, 2017 to B, a national of the Republic of Korea, and on September 9, 2017.

On September 17, 2017, the Plaintiff left Vietnam after receiving a departure order.

C. On January 16, 2018, the Plaintiff applied for the issuance of a visa to the Defendant for the status of stay for marriage immigration (F-6).

However, the defendant refused to issue the visa on February 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 13, Eul evidence No. 2, video, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The instant lawsuit is unlawful, given that no legal interest is recognized to seek revocation of the disposition of refusal to issue a visa to foreigners prior to the merits of the instant case.

B. Whether a standing to sue is determined in a lawsuit seeking revocation of the relevant administrative disposition 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 refers to a case where there is a direct and specific benefit protected by the law based on the pertinent disposition, and it does not include cases where there is only an indirect or factual economic interest.

The former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter “former Immigration Control Act”) provides that a foreigner shall, in principle, obtain a valid passport and a visa issued by the Minister of Justice of the Republic of Korea when the foreigner enters the Republic of Korea (Article 7(1)), and that the foreigner shall undergo an entry inspection at the entry and departure port at which the foreigner enters the Republic of Korea (Article 12(1)).

Therefore, even if a foreigner has already obtained a visa, entry inspection at entry and departure port is not exempted.

The issuance of visas.