Ruling that entry ban and visa refusal against an entertainer who obtained US citizenship to avoid military service were lawful

Who this helps

This may help people looking at how a court reviewed an entry ban and a visa refusal after someone gave up Korean nationality by taking US citizenship. It reflects the facts of this one case.

Case overview

Case number

2015구합77189

Court

Seoul Administrative Court

Date of judgment

Sep 30, 2016 (Fri)

Topic

Visas & Entry

Original title (Korean)

대중적 인기를 누리던 연예인인 원고가 병역 기피 목적으로 미국 시민권 취득하였음을 이유로 원고에 대하여…

The plaintiff, an entertainer who enjoyed wide popularity, lost Republic of Korea nationality after obtaining US citizenship. The Minister of Justice imposed an entry ban on the plaintiff, and a visa was also refused. The plaintiff filed a lawsuit, arguing that both were unlawful.

Is it lawful to ban entry and refuse a visa to someone who took US citizenship to avoid military service?

The plaintiff was a popular entertainer who lost Korean nationality after getting US citizenship. The Minister of Justice imposed an entry ban, and a visa was also refused. The plaintiff sued, saying both were unlawful. The court did not find that the plaintiff applied for citizenship to avoid service from the start. But it looked at the public service worker call-up notice, the postponement, the departure and the citizenship process together. It concluded the citizenship was obtained to avoid military duty.

How the court ruled

The court said it could not be found that the plaintiff applied for citizenship to avoid military service from the start. However, considering the notice to report for public service personnel duty, the postponement of that call-up, and the process of departure and obtaining citizenship, it found that the plaintiff obtained citizenship to avoid the military service obligation. It held that the entry ban did not violate the principles of necessity, proportionality and equality, and was lawful. Because the entry ban was lawful, it held that the visa refusal was also lawful and did not exceed or abuse discretion.

What to check in a similar situation

Information about entry bans and visa decisions can be confirmed with immigration offices and the Ministry of Justice. Court records can show how a court reviewed such a decision.

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

Terms explained

Entry ban

A measure that bars a foreign national from entering Korea. Here the court found it met the tests of necessity, proportionality and equal treatment.

Visa

A document issued in connection with a foreign national's entry. The court treated it in that light in this case.

Discretion

The room an agency has to decide a matter. The court found the visa refusal neither went beyond nor abused that room.

More rulings on this topic

• Ruling Upholding a Second Refusal to Issue an Overseas Korean Visa · Seoul Administrative Court
• Ruling Cancels Entry Denial of U.S. National Given Suspended Prosecution for Cannabis Smoking · Incheon District 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 brought the lawsuit and why?

A popular entertainer who got US citizenship and lost Korean nationality sued. The plaintiff said the entry ban and the visa refusal were unlawful.

How did the court rule?

The court found the citizenship was obtained to avoid military duty. It held the entry ban lawful and the visa refusal lawful too, with no excess or abuse of discretion.

Does this result apply as-is to every similar case?

No. It is the court's decision on this particular case and does not apply as-is to other cases.