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(영문) 서울행정법원 2018.05.01 2017구단36802

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff, on March 12, 1998, entered the Republic of Korea as a foreigner of Chinese nationality around March 12, 1998, and was exposed on February 25, 200 to the coast near the military port, and was forced to leave China on March 9, 200. 2) The plaintiff was staying there again to the Incheon Port on October 4, 2001, and was allowed to voluntarily report the illegal stay on May 23, 2002 to leave the Republic of Korea until January 13, 2003. However, the plaintiff continued to stay in the Republic of Korea without the departure deadline on November 2, 2005, and was found to have been subject to a deportation order on November 4, 2005. < Amended by Act No. 7799, Nov. 4, 2005>

3) The Plaintiff entered the Republic of Korea on November 4, 2008 with a passport issued in the name of “B (H-2)” for visiting employment (H-2). On November 4, 2010, the Plaintiff stayed illegally for a period of five years and seven months without departure even after the expiration of the period of sojourn on November 4, 2010, and voluntarily reported the fact of non-entry into the Republic of Korea on June 22, 2016 and voluntarily declared his intention of departure, and left the Republic of Korea upon receiving an order for departure from the Republic of Korea. (B) On September 17, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 17, 2016, changed the status of stay to the visit employment (H-2), and was subject to the summary order issued on November 30, 2016 by Seoul District Court Decision 201Da140160, Jun. 26, 2017.

The plaintiff is a Chinese national who entered the Republic of Korea as a short-term visit (C-3) on September 17, 2016.

The plaintiff is unable to enter the Republic of Korea in a normal way because he/she was arrested in the Republic of Korea around 2005.