■ What is a Visa (Visa)?
There was a time when overseas travel was the exclusive property of a few rich people, and there was a time when people who had traveled abroad once had a passport or a visa argued about it, killing the spirits of poor people.
Even before Korea joined the US visa waiver program in 2008, there was a time when it was crowded, with many people waiting in front of the US Embassy in Korea in the early morning with newspapers spread on the floor to get a US visa. Even before the visiting employment system was implemented in 2007, Chinese Koreans were unable to obtain a work visa due to restrictions on employment in the field of simple labor, so they tried to enter the country illegally or were degraded to illegal residents and suffered deportation.
The visa system operated during World War I primarily to prevent military espionage. In modern times, it is operated to maintain national safety and social order by blocking the entry of foreigners in trouble, such as international terrorists and criminals, and to protect the domestic labor market, in advance, by controlling foreigners who can work illegally.
According to Article 7 of the Immigration Control Act, “foreigners must possess a valid passport and a visa issued by the Minister of Justice when entering the Republic of Korea.” Visa is called visa in English, which is said to have originated from the Latin vise (meaning to look at, to check). In Korea's Immigration Control Act, the Chinese character term "sajung"(査證) is used instead of the term "visa" in imitation of Japan's visa system. Cha Yongho, 『Korean Immigration Law』, Beommunsa, 2015, p. 53.

"Sajung"(査證) is a visa application that confirms that the applicant’s passport is a valid passport legally issued by a government agency and that it is appropriate to enter and stay the country according to the reason for the visa application and the standards required for visa issuance. It refers to a document permitted to undergo an immigration inspection by an immigration control official in the port.”
Since "sajung"(査證) is a basic requirement for foreigner entry permission, foreigners who wish to enter the Republic of Korea must, in principle, possess a visa. However, ▴Those who have obtained re-entry permission or are exempted from re-entry permission, ▴Citizens of countries that have signed a visa waiver agreement with Korea, ▴and those entering the country for international friendship, tourism, or the interests of the Republic of Korea cannot enter without a visa.

< How Foreigners Can Enter Korea >


□ How to enter the country by obtaining a visa directly from the Korean diplomatic mission (embassy or consulate)
□ How to enter Korea without a visa and receive the Residence Status and Period of Residence during the immigration inspection by the immigration control official at the port of entry
□ If the visa issuance authority is not delegated to the head of a diplomatic mission abroad, a visa issuance certificate (or recognition number) is issued (granted) at the local immigration office that has jurisdiction over the address (place of stay) of the inviter, presents it to the diplomatic mission abroad, and enters the country after receiving the visa.


■ Loss of Legal Nature and Effect of Visa Issuance
According to Article 5 of the Immigration Control Act, the authority to issue visas rests with the Minister of Justice, but it is stipulated that the authority to issue visas can be delegated to the heads of diplomatic missions abroad within the scope determined by the Presidential Decree. Here, ‘the head of a diplomatic mission abroad’ refers to the Korean ambassador, minister, consul general, consul, or head of an organization that conducts consular affairs in a foreign country.
The act of issuing visas to foreigners is a typical domestic issue that is not subject to interference by other countries, which is an exercise of the country's inherent sovereignty under international law and can be said to belong to each country's discretionary act. Therefore, there is no obligation to allow foreigners to enter the country under international law, and countries around the world control the entry of foreigners through the visa system. Regarding the legal nature of visa issuance, it means the consul's 'entry permission confirmation' that recognizes that foreigners can enter other countries according to national policy and the consul's 'entry recommendation' in response to foreigners' application for entry permission. categorized by country.
In the case of Korea, visa issuance is regarded as an act of recommending entry by a consul. The reason is that even if a foreigner possesses a valid visa, entry is not permitted (rejected) if the entry inspection result of the immigration control officer at the port of entry does not meet the entry permit requirements (e.g., a person banned from entering the country, a person whose purpose of entry is unclear, etc.) because it can be, for example, if a foreigner holding a short-term visit (C-3) visa for tourism purposes fails to prove the purpose of tourism due to reasons such as an undecided tour schedule or lack of travel expenses during the immigration inspection process by an immigration control official when entering Incheon International Airport, illegal employment, etc. Entry may be denied for reasons of unclear purpose.
In addition, the immigration control officer may suspend the visa issuance of a foreigner who has entered the airport with a valid visa if it is judged that it is inappropriate to maintain the current visa issuance status due to a significant event that could not be predicted at the time of visa issuance.
For such cases as ▴If the employer of the foreigner issued with an E-7 visa goes bankrupt before he or she receives permission to enter the country, ▴In case the Korean spouse dies before a foreigner who has been issued a marriage immigration (F-6) visa enters Korea▴In case the foreigner was not subject to entry ban at the time of visa issuance, but was banned at the time of immigration inspection at the airport, if the requirements of Article 12 (Immigration Review) of the Immigration Control Act are not met, the validity of the visa is lost and entry may be denied. According to Articles 7 and 12 of the Immigration Control Act, foreigners must have a valid passport and a visa issued by the Minister of Justice when entering the Republic of Korea, and must undergo an immigration inspection by an immigration officer at the port of entry. In Korea, the consul's visa issuance is not an act of confirming entry permission by a consul that grants foreigners the right to enter the Republic of Korea or guarantees entry, but rather an act of recommending entry by a consul for foreigners to enter the Republic of Korea. Therefore, even if a foreigner possesses a valid visa, entry into the country may be denied if the entry inspection result of the immigration control officer at the port of entry does not meet the entry permit requirements.

< Judicial Precedents Related to Cancellation of Refusal to Apply for Visa Issuance >

After legally marrying a Korean, Mr. Heo, a Chinese citizen, applied for a marriage immigration (F-6) visa to the Korean Consulate General in Shenyang, China. When it was rejected on the grounds of 'lack', an administrative lawsuit was filed. In the administrative litigation case filed by Mr. Heo, a Chinese national, the Supreme Court ruled that the plaintiff in this case did not legally enter the Republic of Korea and stayed there for a considerable period of time, so there was no legal interest in seeking the cancellation of the denial of visa issuance. Plaintiff Heo, a Chinese national, applied for a visa in 2009, right after her marriage, and when her fourth visa application was rejected in 2013, she hired a Korean lawyer to file an administrative lawsuit, which resulted in the Supreme Court dismissing the case. Let's look at why it happened:
First, in a lawsuit for revocation of an administrative disposition, the eligibility of the plaintiff does not depend on whether or not one is the other party to the disposition but rather on whether or not there is a legal interest to seek revocation. Here, 'legal interest' refers to the case where there is a direct and specific interest protected by the law on which the disposition is based, and indirect or factual interest or economic interest, that is, a reflexive interest, is not included here.
Second, the provisions of the Immigration Control Act and its subordinate statutes regarding the standards and procedures for sojourn qualifications and visa issuance are only intended to protect the public interest of Korea's immigration order and border management and guarantee foreigners the right to enter the Republic of Korea. It is difficult to interpret the intention to protect the private interests of foreigners who wish to enter the country.
Third, a foreigner arguing for a refusal to issue a visa is claiming to be allowed to enter the Republic of Korea while not yet entering the Republic of Korea, and it is not a case in which a practical relationship with the Republic of Korea or an interest worthy of legal protection is formed in the Republic of Korea. However, there is no great need to recognize legal interests seeking revocation of the disposition. In this case, the Supreme Court held that the foreigner who contested the disposition of disapproval of naturalization under the Nationality Act, the disposition of disallowance of change of Residence Status under the Immigration Control Act, or the order of deportation was a person who had legally entered the Republic of Korea and stayed for a considerable period of time. In this case, it was judged that the legal interest to seek the cancellation of the disposition was recognized because it was a case in which an interest worthy of legal protection was formed.

Fourth, Article 36 of the Immigration Control Law of the People's Republic of China stipulates that foreigners do not object to various immigration-related decisions, such as refusal to issue visas. It cannot be seen that the government bears the responsibility to allow the filing of an administrative lawsuit against the refusal to issue a medical visa.
Considering the legal nature of visa issuance, the legislative purpose of the Immigration Control Act, the practical relevance of the visa applicant to Korea, and the principle of reciprocity, foreigners have legal interests to seek cancellation of visa issuance refusal under the interpretation of the Immigration Control Act of the Republic of Korea. It is reasonable to say that spring is not recognized. Supreme Court ruling 2018. 5. 15. 2014du42506.



■ Korea Visa Samples and Visa Types
When a consul issues a Korean visa (visa), as shown in the