© Buhm-Suk Baek, 2021 | doi:10.1163/9789004501249_013 This is an open access chapter distributed under the terms of the CC BY-NC 4.0 license. State Practice of Asian Countries in International Law Korea Buhm-Suk Baek* Human Rights – I ssuance of a Visa – Domestic Measures Decision of the Supreme Court on ‘Revocation of Disposition Rejecting the Issuance of a Visa’ Supreme Court Decision 2017Du38874 (decided on July 11, 2019) Facts of the Case & Issues Presented The Commissioner of the Military Manpower Administration requested the Minister of Justice to the following effect: “Party A, a singer, departed from the Republic of Korea for a concert by obtaining permission to travel overseas, and then subsequently acquired U.S. citizenship, thereby effectively evading mandatory military service. If Party A seeks to reenter the Republic of Korea with the status of overseas Korean, forbid him from engaging in for-profit busi- ness activities, for example, through either formal or informal employment as a singer. Where such measures are rendered impossible, do not admit Party A into the Republic of Korea[.]” Upon receiving the request, the Minister of Justice made a decision prohibiting Party A’s entry into the Republic of Korea and entered the information into the intranet (immigration management sys- tem), not notifying Party A of such a decision. Then Party A submitted an F-4 (Overseas Korean) visa application to the head of an overseas diplomatic mis- sion, but the head of the mission notified Party A’s father of the rejection of the issuance of the visa via phone instead of presenting a dispositive document that indicated the grounds for the rejection. Judgment & Comment The Court decided that the disposition was flawed in that it violated Article 24(1) of the Administrative Procedures Act. Also, it ruled that the lower court should * Professor, Kyung Hee University, Korea. Buhm-Suk Baek - 9789004501249 Downloaded from Brill.com04/15/2022 12:20:10AM via free access