The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Case overview and key issue

A. According to the reasoning of the lower judgment and the record, the following facts are revealed.

(1) The plaintiff was born in the Republic of Korea on the third day, but was born in the Republic of Korea on January 18, 2002, and lost the nationality of the Republic of Korea by acquiring the citizenship of the United States on January 18, 2002 (overseas Koreans are divided into overseas Koreans and overseas Koreans, and the plaintiff is a foreign nationality Korean). The defendant is

(2) On January 28, 2002, the Commissioner of the Military Manpower Administration requested the Minister of Justice on January 28, 2002 that “the plaintiff was exempted from the duty of military service by acquiring the U.S. citizen’s right after obtaining the permission for overseas travel from the Commissioner of the Military Manpower Administration for performance, and the plaintiff entered the Republic of Korea as an overseas Korean and engaged in entertainment activities, such as broadcasting activities, records-out and performances, etc., the morale of the soldiers of the Korean armed forces would be reduced, the youth would be light of the duty of military service, and the acquisition of foreign nationality would be abused as a means of evading military service.” Therefore, if the plaintiff wants to return to the Republic of Korea as an overseas Korean qualification, the plaintiff is prohibited from engaging in

(3) On February 1, 2002, the Minister of Justice decided to prohibit the Plaintiff from entering the Republic of Korea pursuant to Article 11(1)3, 4, and 8 of the Immigration Control Act, and entered the information in the “Immigration Information System”, an internal computer network, but did not notify the Plaintiff.

(hereinafter referred to as “instant decision to prohibit entry.” (4) On August 27, 2015, the Plaintiff applied for the issuance of a visa to the Defendant for the visa of overseas Koreans (F-4).

On September 2, 2015, the defendant issued a visa by telephone to the father D of the plaintiff on September 2, 2015.