1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Around December 28, 2015, the Plaintiff, a national of the Philippines, entered the Republic of Korea as the status of stay for Arts Promotion (E-6). However, on January 2, 2016, the Plaintiff left the place of work and was forced to leave the Republic of Korea on December 12, 2016.

B. On August 9, 2013, B, a U.S. national, was married with the Plaintiff in the Philippines on May 23, 2017, while entering the Republic of Korea and staying there in the Republic of Korea under the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea.

C. On April 2, 2018, the Plaintiff intended to submit to the Defendant an application for visa issuance under the Agreement (A-3). However, the Defendant failed to accept the said application by informing the Plaintiff of the fact that the entry into the Republic of Korea is prohibited by December 11, 2021.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 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) The details of the relevant statutes are as shown in the attached statutes.

C. 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”) is, in principle, effective passport when a foreigner enters the Republic of Korea.