Ruling that a foreign national whose period of stay has expired may also request information disclosure

Who this helps

This may be useful for foreign nationals who have a residence in Korea but whose period of stay has expired and who are wondering whether they can request information disclosure.

Case overview

Case number

2023구합77283

Court

Seoul Administrative Court

Posted on original board

Nov 20, 2024 (Wed)

Topic

Information Disclosure

Original title (Korean)

[일반] 국내에 거소를 두고 있으나 체류기간이 지난 외국인에게도…

This is a lawsuit concerning a request for information disclosure. The issue was whether a foreign national who resides in Korea but whose period of stay has expired has the right to request information disclosure.

Can a foreign national whose period of stay has expired request information disclosure?

The lawsuit concerned an information disclosure request. The question was whether a foreign national who keeps a residence in Korea but whose period of stay has passed has the right to request disclosure. The court held that such a person also has that right.

How the court ruled

The court found that a foreign national who resides in Korea but whose period of stay has expired also has the right to request information disclosure.

What to check in a similar situation

Details about information disclosure procedures and about a person's stay status can be checked with the relevant administrative agency, the immigration or foreigner office, and the court.

• Find your immigration office
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• Contacts: Immigration Contact Center 1345

Terms explained

Information disclosure request

A request asking a public body to disclose information it holds. The question here was who may make such a request.

Period of stay

The period during which a foreign national is permitted to stay in Korea. In this case, that period had already passed.

Place of residence

The place where a person actually lives. The person in this case kept one in Korea.

More rulings on this topic

• Ruling Cancels Refusal to Disclose Two Manuals on Detention of Foreign Nationals and Custody of Immigration Offenders · Seoul Administrative Court
• Ruling that an immigration office head's refusal to disclose refugee interview video was unlawful · Seoul Administrative Court

See all 3 rulings on Information Disclosure →

Frequently asked questions

Who was at issue in this case?

The case concerned a foreign national who has a residence in Korea but whose period of stay has expired.

How did the court rule?

The court found that a foreign national in this situation also has the right to request information disclosure.

Does this result apply as is to every similar case?

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