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(영문) 서울행정법원 2015.09.23 2015구단55489

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 is a national of the People’s Republic of China (hereinafter referred to as “China”), and is staying in the Republic of China for short-term visits (C-3) on March 22, 2012, and was changed to the sojourn status of visiting employment (H-2) on July 11, 2012.

B. On June 23, 2014, the Plaintiff received a summary order of KRW 500,000 won on the charge that “A jointly with B, while having a verbal dispute with C around 00:55 on May 22, 2014, the Plaintiff was sentenced to a summary order of KRW 500,000 on the day of treatment (or KRW 20,000,000,000,000,000,000,000,0000,0000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.)

(Seoul Southern District Court 2015Kadan526) (hereinafter referred to as "the act of this case" in total of the acts of each of the above crimes.

On May 13, 2015, the Defendant ordered the Plaintiff to depart from the Republic of Korea by June 12, 2015.

hereinafter referred to as "the order for departure of this case"

(i) [In the absence of dispute over the basis of recognition, entry of Gap 2, 4, 5, Eul 1 and 3, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (i.e., a disposition regarding entry and departure of foreigners in violation of the Administrative Procedures Act shall be deemed to be subject to the Administrative Procedures Act, in principle, unless it is difficult to undergo administrative procedures due to its nature or requires unnecessary dispositions or procedures equivalent to administrative procedures.

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