출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff has illegally stayed after entering the Republic of Korea around 2000.
The detection was made and enforced on December 9, 2002.
B. On April 29, 2003, the Plaintiff filed a marriage report with C on April 29, 2003 under the name of another person, and entered into the Republic of Korea on July 12, 2003 by using a passport issued on the name B [the spouse of marriage immigration (F-6) according to the current Enforcement Decree of the Immigration Control Act)] status of stay (the spouse of marriage immigration (F-6) under the current Enforcement Decree of the Immigration Control Act), under Article 12 [Attachment Table 1] of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201). According to Article 12 [Attachment Table 1] of the current Enforcement Decree of the Immigration Control Act, the Plaintiff is entitled to the status of stay of marriage immigration (F-2) under Article 28-4 (a) of the Enforcement Decree of the Immigration Control Act, and is staying in the Republic of Korea.]
On December 19, 2006, China has left Korea.
C. Since then, the Plaintiff was treated as having died on February 12, 2007 in China. On December 24, 2007, the Plaintiff reported the marriage again with C in the name of A (A and D) on December 24, 2007, and entered Korea as “resident (F-2) status” using a passport issued under the above A (A) on March 30, 2008.
Since then, the plaintiff applied for naturalization while maintaining a marital life with C, and the plaintiff was found to have entered the Republic of Korea with another person's passport in the course of naturalization investigation.
E. On January 13, 2014, the Defendant rendered a decision to order departure and to examine an immigration offender who has been subject to one year of entry prohibition pursuant to Article 68(1) of the Immigration Control Act in consideration of the following: (a) the Plaintiff expressed the subject of deportation or the intention of voluntary departure pursuant to Articles 7(1) and 46(1)1 of the Immigration Control Act; (b) on the same day, the Defendant ordered the Plaintiff to leave the Republic of Korea until February 12, 2014 in accordance with the above decision of review.
(hereinafter the above order for departure (hereinafter referred to as the "disposition in this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-2 through 7, Gap evidence 2-5, Eul evidence 1-3, and the purport of the whole pleadings.
2. This.