The results of the third appeal regarding a case where an individual renounced their nationality due to military service issues and subsequently had their Overseas Korean (F-4) visa application denied were released on October 2. The conclusion was the same as the first instance: the cancellation of the denial disposition. Although it was reported as a case involving a celebrity, it is a ruling that demonstrates how to contest a visa issuance denial by an overseas diplomatic mission, making it worth noting for any foreign national of Korean descent preparing for an F-4 visa.
1. Details of the October 2 Appeal Ruling
Verdict: October 2, 2026 (Fri), Seoul High Court, Administrative Division 8-2
Case: A lawsuit filed by a former singer of foreign nationality seeking the cancellation of a visa issuance refusal by the Consul General in Los Angeles (third lawsuit). The Consulate General refused the issuance of an F-4 visa again in June 2024, and the plaintiff filed a lawsuit in September of the same year.
Judgment: The first instance court ruled that the disadvantage suffered by the plaintiff was excessively large compared to the public interest gained from the visa refusal, and thus viewed it as an abuse of discretion and canceled the refusal disposition. The appellate court upheld this judgment.
Progress to Date
- First Lawsuit: The Supreme Court remanded the original decision on July 11, 2019 (2017Du38874), and the case subsequently ended with a victory for the plaintiff.
- Second Lawsuit: It was reported in November 2023 that the Supreme Court finalized the victory for the plaintiff.
- Third Lawsuit: The plaintiff won both the first and second instances. Whether an appeal to the Supreme Court will be filed ⚠️ requires confirmation.
Source: Newsis · Victory in the second instance of the third visa lawsuit, Supreme Court Judgment 2017Du38874, rendered on July 11, 2019.
2. Issuance of visas for overseas Koreans is a discretionary act; it is illegal if the weighing of interests is omitted
The basis for this ruling is the 2019 Supreme Court precedent (2017Du38874). The following are practical rulings useful in practice:
- The issuance of visas for overseas Koreans is a discretionary act of the administrative agency. Even if discretion exists, if a disposition is made without any comparison between the public interest gained by the disposition and the disadvantage to the other party, it constitutes an abuse or departure from discretionary power and is grounds for cancellation.
- An internal entry ban decision is not a disposition in itself. An entry ban decision that is merely entered into the Immigration Information System by the Ministry of Justice without being notified to the individual is not a disposition subject to an appeal lawsuit; therefore, when contesting a subsequent visa refusal, one is not bound by that decision.
- Following instructions from a higher authority does not make an act lawful. The legality of a disposition is judged based on whether it complies with the law and the principles of proportionality and equality.
- A visa refusal must also be provided via a written notice of disposition. In a 2019 case, a violation of Article 24 of the Administrative Procedures Act was recognized because the overseas diplomatic mission only notified the individual via telephone without providing a written notice of refusal stating the reasons for the disposition.
3. F-4 Criteria for Overseas Koreans who Renounced Nationality due to Military Service Issues
Current Standards: Article 5, Paragraph 2 of the Overseas Koreans Act stipulates that an F-4 visa shall not be granted to males who have renounced or lost their nationality without having completed or being exempted from military service. However, if the Minister of Justice deems it necessary, the visa may be granted from January 1st of the year the individual turns 41. Paragraph 2, Item 2 of the same article also lists cases where there is a risk of harming the interests of the Republic of Korea, such as national security, maintenance of order, public welfare, or diplomatic relations, as grounds for refusal.
Scope of Impact: This applies to overseas Koreans with foreign nationality who have renounced their nationality due to military service issues or who have a history of entry restrictions from a long time ago and are applying for an F-4 or other visas.
Preparation Requirements
- If you receive a notice of refusal, first secure the written disposition and the reasons for refusal. If the reasons are not written down or if you were only notified verbally, that fact itself is grounds for dispute.
- Organizing the age requirement (the year you turn 41), military service-related documents, and your purpose of stay and activity plans in Korea will serve as comparative weighing materials during re-application or appeals.
- Since the refusal of visa issuance by an overseas diplomatic mission is a disposition occurring abroad, you must first check the methods and time limits for appeals. The specific method of appeal for individual cases ⚠️ requires verification with the competent authority.
Administrative Agent Office Services
Hwang Yunsang (黄允相) Administrative Agent Office prepares applications for changing status of residence or extending the period of stay for overseas Koreans (F-4), and provides document preparation/filing services for submitting explanatory materials regarding renunciation of nationality, military service, and stay plans to immigration and foreign affairs offices. We also provide consultations to check for any history that might serve as grounds for refusal before applying for a visa.
Summary
- On October 2, the Seoul High Court ruled in favor of the plaintiff in the appellate trial regarding the lawsuit to cancel the refusal of F-4 visa issuance, consistent with the first instance ruling.
- The issuance of visas for overseas Koreans is a discretionary act, and a refusal that fails to weigh public interest against individual disadvantages may constitute a violation of the principle of proportionality.
- For men who renounced their nationality due to military service issues, a path to obtain an F-4 visa opens starting from January 1st of the year they turn 41 (subject to approval by the Minister of Justice).
This post is an administrative trend guide organized by Hwang Yunsang Administrative Agent (Administrative Scrivener) Office based on publicly available data. Whether these rules apply to individual cases requires verification with the competent authorities.