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(영문) 서울고등법원 2019.01.17 2018누67734

강제퇴거명령취소

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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.

Reasons

The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) The grounds alleged by the Plaintiff while filing an appeal are not significantly different from the allegations in the first instance court, and even if all evidence submitted by the first instance court and this court are examined, the first instance court’s rejection of the Plaintiff’s assertion is justifiable). On the second instance judgment of the second instance, the part of the first instance judgment, which was written in order to read “the Plaintiff left the Republic of Korea on September 16, 2014,” to read “after having entered the Republic of Korea on September 16, 2014, with the passport issued by the second instance on September 17, 2014, and entered the Republic of Korea as the status of visiting employment on February 6, 2017.”

If the second sentence of the judgment of the court of first instance, the term "Immigration Act" in the first sentence of Article 18 is used as "former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter referred to as "Immigration Control Act")", and the third sentence in the second sentence of the judgment of first instance (amended by Act No. 15492, Mar. 20, 2018) shall be amended as "former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018)".

In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.