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, with Vietnam’s nationality, entered the Republic of Korea as a non-professional employment status (E9) status on February 18, 2013 and stayed in the Republic of Korea on November 12, 2013, but did not depart from the Republic of Korea on November 12, 2013.
B. On May 27, 2019, the Defendant issued an order for protection pursuant to Articles 51 and 63 of the Immigration Control Act to the Plaintiff on the same day pursuant to Articles 17(1), 46(1)8, and 68(1)1 of the same Act (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff alleged that he worked as a daily worker in the Republic of Korea, but was not paid approximately KRW 21 million.
In order for the Plaintiff to be paid the said unpaid wages, the instant disposition should be revoked.
B. In full view of the form and text of the provisions of Articles 68(1)1, 46(1)3, and 11(1)3 of the Immigration Control Act, and the content and characteristics of the order of departure, it is reasonable to deem that the administrative agency has discretion as to whether to issue an order of departure to a person subject to the order of departure.
In full view of the aforementioned facts and evidence, the following circumstances, namely, ① immigration control administration is a state administrative action that seeks to promote the interest and safety of the State by properly controlling and coordinating the entry and departure of foreigners into and departure from Korea. In particular, matters regarding entry into and departure from Korea by foreigners are essential to carry out the functions as a sovereign state, ② The Plaintiff illegally staying in Korea for about six years after the expiration of the period of stay, ③ the Defendant was willing to voluntarily depart from Korea to the Plaintiff even after the expiration of the period of stay.