입국불허처분취소의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 8, 2007, the Plaintiff entered the Republic of Korea first on a short-term commercial qualification (C-2) as a foreigner with Indian nationality. On October 29, 2012, the Plaintiff established a stock company B and changed the status of stay to a corporate investment qualification (D-8) while engaging in wholesale and retail business of food and miscellaneous products.
B. On March 9, 2015, around 23:35, the Plaintiff was charged with committing indecent acts by force on the part of the victimized female (22 years of age) who was walking ahead of C in the alley-si, Namyang-si (hereinafter referred to as “the victim”) on the part of his/her hand at one time, and the judgment of the first instance (or the District Court 2015No4267) was sentenced on August 26, 2016, which was sentenced to two years of suspended sentence on the part of six months of imprisonment, and the said judgment became final and conclusive by the Supreme Court on February 10, 2017, following the appellate trial.
(Supreme Court Decision 2017Do271). C.
On the other hand, on January 30, 2017, when the above criminal case was pending in the Supreme Court, the plaintiff left the Republic of Korea, and the government immigration office designated the plaintiff as a priority manager and entered it in the electronic data processing system for immigration control as the conviction against the plaintiff became final and conclusive.
On March 15, 2017, the Plaintiff sought to re-entry the Republic of Korea via the Incheon International Airport. However, the Defendant confirmed the fact that the judgment of conviction against the Plaintiff became final and conclusive, and rejected entry by applying Article 12(4) of the Immigration Control Act to the Plaintiff on the ground that “the Plaintiff failed to prove that it does not constitute grounds for prohibition of entry under Article 11(1)3 and 4 of the Immigration Control Act in relation to the conviction” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1-4, 5, Gap evidence 2-4, Eul evidence 1-4, Eul evidence 1-4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion (1) The Plaintiff’s criminal act is merely a single-time son’s her but is merely a part of the victim’s her butt.