출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On February 22, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on February 22, 2015, and changed the status of stay to the qualification for visiting employment (H-2) on March 24, 2015.
On October 29, 2016, the consul of the Republic of Korea: (a) submitted a false marriage certificate to the Defendant and notified the Plaintiff that the Plaintiff intended to invite B; and (b) the Defendant tried to order the Plaintiff to voluntarily leave the Republic of Korea by deeming that the aforementioned false events were detrimental to the interest and social order of the Republic of Korea; (c) but (d) on January 3, 2017, the Plaintiff had the intent to voluntarily leave the Republic of Korea, and (e) ordered the Plaintiff to depart from the Republic of Korea pursuant to Articles 68(1)1, 46(1)2 and 3, 76(1)1, and 11(1)3 and 4 of the Immigration Control Act (hereinafter “instant disposition”).
[Ground of recognition] without any dispute, Gap's evidence Nos. 3, Eul's evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings and the purport of the disposition of this case is legitimate. The plaintiff asserted that the plaintiff was legitimate in the disposition of this case, and the plaintiff did not directly alter the marriage certificate or assist the above travel agency to alter the marriage certificate.
Therefore, the instant disposition is unlawful as it misleads the factual basis or deviatess from discretionary power.
Judgment
1. Immigration control administration is required to strictly control and coordinate the entry and departure of foreigners in Korea to ensure the interest and safety of the State, especially matters concerning entry and departure of foreigners, as essential to carry out functions as a sovereign state, by properly controlling and coordinating the entry and departure of foreigners.
In addition, considering the administrative purpose and characteristics of immigration control administration, including the form, language, and system of Article 46(1) and Article 68(1)1 of the Immigration Control Act, the head of the Immigration Control Office, etc. shall be the foreigner.