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【Main Issues and Holdings】
[1] Whether Article 31 Paragraph 1 of the Convention relating to the Status of Refugees that directly requires the Contracting States not to impose penalties on refugees who satisfied specific requirements is the applicable provision for exemption of punishment in a criminal trial in the court of Korea, which acceded to and ratified the Convention (affirmative)
Meaning of “illegal entry” that is subject to exemption from punishment, and whether not only an act constituting the violation of the Immigration Act by either illegally entering the country without entry permission or visa or entering the country upon illegally obtaining entry permission or visa but also a criminal act under the Criminal Act consisting of the above act as a constituent element of a crime are included in such “illegal entry” (affirmative)
[2] In the case where the Defendant, a foreign national, entered the Republic of Korea upon the issuance of a visa, in the guise of invitations for business purposes, with the genuine intent to file a claim for refugee status and was indicted on the charge of violating the Immigration Act through the obstruction of the lawful discharge of official duties of a public servant tasked with visa issuance at the Republic of Korea embassy by fraudulent means and, at the same time, through the false application for a visa, the case holding that the lower judgment which exempted the Defendant from penalties in Article 94 Subparag. 3 and Article 7-2 Subparag. 2 of the former Immigration Act and Article 137 of the Criminal Act, on the grounds that the Defendant satisfied the requirements under Article 31 Paragraph 1 of the Convention relating to the Status of Refugees, was justifiable
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