출국명령처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
In addition, the first instance court and the evidence submitted by this court with respect to the assertion that the plaintiff emphasizes the contents of the plaintiff's assertion in the first instance court while filing an appeal, and the second instance court's rejection of the plaintiff's assertion cannot be deemed as a abuse of discretion, even if a thorough examination is conducted based on the evidence submitted by the first instance court and this court. Thus, the first instance court's rejection of the plaintiff's assertion
Therefore, the reasoning of the judgment of the court on the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, and thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure
[Supplementary part] The plaintiff asserts that the disposition of this case was procedural violation without presenting a specific reason, since the defendant presented only the "Article 11 (1) and Article 46 (1) 3 of the Immigration Control Act" under Article 11 (1) of the Immigration Control Act without specifying the reason for the disposition of this case.
Article 23(1) of the Administrative Procedures Act provides that when an administrative agency takes a disposition, the administrative agency shall provide the basis and reasons for the disposition to the parties, and the purport is to exclude the arbitrary decision of the administrative agency and to allow the parties to properly cope with the administrative remedy procedure.
Therefore, comprehensively taking into account the contents of the written disposition, relevant statutes, and the overall process up to the relevant disposition, etc., where it is sufficiently possible to find out which grounds and grounds were made by the parties at the time of the disposition, and it is deemed that there was no particular hindrance to moving to the administrative remedy procedure, the grounds and the written disposition.