출국명령처분취소
1. The order of departure issued by the Defendant to the Plaintiff on July 18, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The plaintiff, a Chinese national of the People's Republic of China, entered the country with the status of sojourn for industrial training (D-3) with a passport (hereinafter "A/B") under the name of "A (A/B)" on March 3, 1993 (hereinafter "first passport"). After that, the plaintiff left the place of business without permission and resided in the country of illegal aliens, and left the country after filing a voluntary report on illegal aliens around March 18, 2005.
B. On March 12, 2010, the Plaintiff completed a marriage report under C, China’s law, and domestic law, and re-enters on May 15, 2010 with the status of stay of the spouse (F21) of the citizen’s spouse (F21) with a passport (hereinafter “A”) in the name of “A” (hereinafter “second passport”).
C. After two years of marriage, the Plaintiff applied for naturalization on June 2012. On May 14, 2014, the Plaintiff applied for the extension of the period of stay to the Defendant.
On July 18, 2014, the Defendant issued an order for departure pursuant to Articles 7(1), 68(1)1 and 46(1) of the Immigration Control Act (hereinafter “Act”) to the Plaintiff on July 18, 2014 on the ground that the Plaintiff’s personal information at the time of his previous stay in the Republic of Korea does not coincide with the present passport’s personal information at the time of his/her previous stay in the Republic of Korea, and that he/she entered the Republic of Korea using an valid passport.
(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings [applicable Acts and subordinate statutes] Article 7 of the Immigration Control Act (Entry of Foreigners) ① When a foreigner enters the Republic of Korea, a valid passport and a visa issued by the Minister of Justice must be obtained.
Article 46 (Persons subject to Deportation) (1) The head of a Regional Immigration Service may force the deportation of any of the following aliens from the Republic of Korea in accordance with the procedures prescribed in this Chapter:
1. A person who violates Article 7, shall be ordered to depart;