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| TITLE | Daegu District Court Decision 2023Gudan11356 Decided January 10, 2024: Final 【Revocation of Departure Order】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Party A, a national of Uzbekistan, married Party B, a national of the Republic of Korea, and entered the Republic of Korea with a marriage immigration visa. After receiving permission to change the visa to permanent residence, Party A remained in the Republic of Korea even after Party A and Party B divorced by mutual agreement. Subsequently, as a result of an investigation conducted by the authorities suspecting a sham marriage between Party A and Party B, it was determined that Party A had obtained permanent residency status by fraudulent means despite the obviousness that Party A was not in a bona fide marriage. The head of a branch office of the competent Immigration and Foreign Affairs Office revoked Party A's permanent residency status pursuant to Article 89-2(1)1 of the Immigration Act and issued a departure order pursuant to Article 68(1)3-2 of the same Act, and verbally informed Party A, who visited the office pursuant to a request for attendance, that her permanent residency status had been revoked, but did not issue a letter stating revocation of residence status, but only a letter announcing the departure order. The court ruled that the preceding disposition, the revocation of residence status, violated Article 24(1) of the Administrative Procedures Act and its defects are so grave and obvious that it was null and void, and therefore the following disposition, the departure order, was also unlawful. | |
