According to the Yonhap News Agency, singer Liu Chengjun (steve yoo), who was banned from entering South Korea because of the dispute over desertion, filed an administrative lawsuit against the refusal of the South Korean Consulate General in Los Angeles to issue a visa, and although the first and second trials were lost, the third-instance court found that the refusal to sign was illegal on the 11th, overturned the original judgment, and sent back for retrial. If Liu Chengjun wins the administrative lawsuit, the South Korean government will have to re-judge whether to sign and stamp Liu Chengjun's passport to open the door for him.
The Supreme Court of Korea (Supreme Court) held that even if the head of a foreign organization refuses to issue a visa in accordance with an entry ban equivalent to the instructions of the Minister of Justice, the decision of the Ministry of Justice to prohibit entry cannot be a valid basis for the refusal of visas. It is illegal for consulates to refuse visas only on the grounds that they had a decision to ban entry 13 years and 7 months ago, without exercising the discretion given to them. Refusal of a visa is not a matter requiring prompt handling or minor matters under the Administrative Procedure Act, so it is also a violation of administrative procedure for the consulate to notify the refusal by telephone without notifying in writing.
Liu Chengjun, who holds a U.S. green card, has repeatedly promised to join the military during his korean music campaign, but became a U.S. citizen in January 2002, renouncing his Korean citizenship and being exempted from military service. In view of the great indignation of the people, the Ministry of Justice believes that, under Article 11 of the Immigration Control Law, the Governor has reason to regard Liu Chengjun as an actor who may harm the interests of the state, public safety, economic and social order or good customs and customs, and restrict his entry. Liu Chengjun, who is unable to enter South Korea, has been active in the entertainment industry in China and other places, and after applying for a compatriot visa f-4 in September 2015, he filed a lawsuit through a South Korean law firm.
The courts of first and second instance in this case held that once Liu Chengjun entered the country to carry out performing arts activities and returned to the screen, it was possible to hit the morale of the officers and men of the ROK army, weaken the willingness to perform military service, and encourage the psychology of evading military service. However, the Supreme Court held that the refusal of the visa violated administrative procedures and sent the case back to the Seoul High Court (the court of second instance) for retrial.
→→