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1. Revocation of a judgment of the first instance;
2. The defendant's refusal to issue a passport to the plaintiff on September 22, 2016.
Reasons
1. The reasoning for the court’s explanation on this part is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the correction of the former Passport Act (amended by Act No. 14606, Mar. 21, 2017; hereinafter “former Passport Act”) to the second 12th 10 of the judgment of the court of first instance. As such, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion summary 1) The latter part of Article 12(1)1 of the former Passport Act (hereinafter “instant provision”)
(2) The Plaintiff’s refusal to issue a passport refers to “a person who has committed a crime for at least three years and whose indictment has been suspended because of escape abroad.” As such, the Plaintiff’s refusal to issue a passport is unlawful in applying the latter part of Article 12(1) of the former Passport Act by lawfully obtaining a passport and extending the period to the case of committing a crime for at least three years abroad. 2) As the Plaintiff is expected to acquire U.S. permanent sovereignty, there is no urgent reason to cancel the refusal to issue a passport under Article 26 subparag. 4 of the former Enforcement Decree of the Passport Act (amended by Presidential Decree No. 28146, Jun. 27, 2017), and there is no urgent reason to restrict the Plaintiff’s freedom of residence transfer, etc., and taking into account the Plaintiff’s refusal to issue a passport, and the Plaintiff’s refusal to issue a private document is an act before 13 years, and there is considerable disadvantage in status due to the Plaintiff’s refusal to issue a passport.
(b) Entry in the attached statutes of the relevant statutes;
C. (1) Determination 1) The relevant legal principles should be strictly interpreted and applied to the administrative laws and regulations that serve as the basis for the interpretation of indivant administrative acts and the interpretation of applicable laws and regulations, and are excessively unfavorable to the other party to such administrative acts.