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(영문) 서울행정법원 2019.05.03 2018구합73393
여권발급거부처분 취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who left Korea on June 12, 1996 and continuously resides in the United States.

On May 8, 2018, the Plaintiff applied for the reissuance of a passport (on-site standards; hereinafter the same shall apply) to the main consular missions that vicariously execute the Defendant’s passport affairs.

The identity investigation number: The identity investigation for the issuance of B Ha's passport is delayed for the following cases, which will supplement the following documents, and will be handled promptly upon mailing or shipping directly to the National Police Agency's external planning and personal identity team after entering the identity investigation number:

Reference to the certificate of departure from the disposition result of required documents

1. The certificate of the result of the disposition of the case, the certificate of the possibility of departure, shall be issued by the competent public prosecutor's office; 2. In the case of multiple copies, the number of copies shall be cancelled from the pipelines, and it shall be winded at the competent public prosecutor's office to issue the above

However, it was confirmed that the plaintiff filed a complaint for fraud at around 1996 according to the Security Regulation, and that the indictment was suspended due to the charge of violating the Illegal Check Control Act. On May 10, 2018, the staff member of the National Police Agency delivered a written notice of identity investigation to the defendant including the following contents.

C. On May 11, 2018, the Defendant’s employee informed the Plaintiff of the contents of the above identification investigation notice, and announced that “it is difficult to issue a passport unless the suspension of indictment is resolved.” Upon the Plaintiff’s request for refund, the Defendant sent all the application documents for passport, the identification investigation notice, and the refund fees submitted by the Plaintiff to the Plaintiff by mail, and then, the status of receipt in the integrated passport information management system is “return”, and whether to delete was entered into “cancellation.”

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant's assertion that he refuses to issue a passport to the plaintiff.

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