Ruling Upholding a Second Refusal to Issue an Overseas Korean Visa

Who this helps

This may help people curious about how a court handled a case where an overseas Korean visa was refused a second time. It may also help those looking for a case where the way someone lost nationality was at issue.

Case overview

Case number

2020구합80547

Court

Seoul Administrative Court

Posted on original board

May 2, 2022 (Mon)

Topic

Visas & Entry

Original title (Korean)

[행정] 유명가수A씨가 피고 주 로스엔젤레스총영사관을 상대로 재외동포체류자격(F-4) 사증발급 신청을…

A famous singer applied to a consulate general for a visa under the overseas Korean residence status and was refused. The singer won a lawsuit to cancel the first refusal, and the judgment became final. After receiving a second refusal, the singer filed a lawsuit seeking its cancellation.

Can a visa be refused again even after a final ruling cancelled the first refusal?

The singer won a lawsuit against the first refusal by the consulate general, and that ruling became final. The consulate general then refused again, and the singer sued to cancel it. The court saw the second decision as a new one that fixed the flaws of the first, so it did not conflict with the earlier final ruling. The court also looked at how the singer failed to perform military service and lost nationality, and at the attitude afterward. It found a risk of harming the interests of the Republic of Korea.

How the court ruled

The court found the second refusal lawful. It said that because the flaw in the first decision was corrected before the new decision was made, it did not conflict with the effect of the earlier final judgment. Considering how the applicant failed to perform military service and lost nationality, and the applicant's later attitude, the court found a risk of harming the interests of the Republic of Korea. It judged that the public interest in not issuing the visa outweighs the disadvantage to the applicant, and that the decision does not violate the principle of equality.

What to check in a similar situation

The reasons for a visa refusal and the content of the decision can be checked at the overseas diplomatic mission or the immigration office. The steps of a lawsuit to cancel a refusal can be checked at the court.

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

Terms explained

Overseas Korean status of stay (F-4)

This is a status of stay that lets overseas Koreans, who hold foreign nationality but have ties to Korea, live in Korea.

Visa

A visa is a document, like permission to enter, that a foreigner obtains before coming to Korea.

Lawsuit to cancel a refusal decision

This is a lawsuit asking the court to cancel an administrative agency's refusal of an application because the decision was wrong.

Effect of a final ruling

This is the effect of a ruling that can no longer be challenged. In this case, the issue was whether the second decision conflicted with it.

More rulings on this topic

• Ruling that entry ban and visa refusal against an entertainer who obtained US citizenship to avoid military service were lawful · 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 filed the lawsuit?

A famous singer filed it. After applying to the consulate general for an overseas Korean visa and receiving a second refusal, the singer asked the court to cancel it.

How did the court rule?

The court found the second refusal lawful. It fixed the flaws of the first decision, so it did not conflict with the final ruling, and the court also found it did not violate the principle of equality.

Does this result apply as is to similar cases?

No. This ruling is a judgment on that particular case and does not apply as is to other cases.