Ruling Cancels Entry Denial of U.S. National Given Suspended Prosecution for Cannabis Smoking

Who this helps

This may help people curious about how a court treated an entry denial against a foreigner given a suspended prosecution for cannabis smoking. It shows how the legality of such a denial was reviewed.

Case overview

Court

Incheon District Court

Posted on original board

Oct 8, 2015 (Thu)

Topic

Visas & Entry

Original title (Korean)

대마초 흡연으로 기소유예 처분을 받은 미국 국적 외국인에 대한…

The head of the immigration office issued an entry denial against a U.S. national who received a suspended prosecution for smoking cannabis. A lawsuit was filed to dispute whether this decision was unlawful.

Is it unlawful to deny entry to a foreigner given a suspended prosecution for cannabis smoking?

The head of the immigration office denied entry to a U.S. national who had received a suspended prosecution for smoking cannabis. A lawsuit was filed over whether this denial was unlawful. The court found that the denial exceeded and abused discretionary power, and cancelled it.

How the court ruled

The court found that the entry denial by the head of the immigration office exceeded and abused discretionary power, making it unlawful. Therefore, the court canceled the decision.

What to check in a similar situation

Procedures related to entry denials can be checked with immigration and foreigner-related offices. The progress of a lawsuit challenging such a decision can be checked with the competent court.

• Find your immigration office
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

Suspended prosecution

A prosecutor's decision not to bring a case to trial, taking various circumstances into account, even where guilt may be recognized.

Entry denial

An administrative decision that does not allow a foreign national to enter the country.

Excess and abuse of discretion

Going beyond or misusing the judgment power given to an administrative body. A decision of this kind can be seen as unlawful.

More rulings on this topic

• Ruling Upholding a Second Refusal to Issue an Overseas Korean Visa · Seoul Administrative Court
• Ruling that entry ban and visa refusal against an entertainer who obtained US citizenship to avoid military service were lawful · Seoul Administrative Court
• Ruling that a person inviting foreigners has no standing to seek cancellation of a visa issuance confirmation refusal · Cheongju District Court

See all 4 rulings on Visas & Entry →

Frequently asked questions

Who was subject to the entry denial?

A U.S. national who had received a suspended prosecution for smoking cannabis.

How did the court rule?

It found that the immigration office head's entry denial exceeded and abused discretionary power, and cancelled it.

Does this result apply as is to similar cases?

This is the court's decision in that case only, and it does not apply as is to other cases.