출국명령처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On the other hand, according to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date the Plaintiff became aware of the disposition, etc., and in full view of the entries and the purport of the entire pleadings in subparagraph 5, even though the Plaintiff was aware of the disposition in this case on June 14, 2017, which was the date of the disposition in this case, the fact that the Plaintiff filed the lawsuit in this case on February 27, 2018, which was 90 days after the date of the disposition in this case, is recognized. Thus, the lawsuit in this case is unlawful as it was filed with the lapse
As to this, in light of the fact that the Plaintiff accepted the application for the postponement of the deadline for departure of a foreigner, and the trust that the lawsuit in this case is not subject to the application for the postponement of the deadline for departure, and that the disposition in this case was extremely harsh to the Plaintiff even though the deadline for departure has been continuously postponed, the Plaintiff asserts that the lawsuit in this case is not subject to the application of the deadline for filing under the Administrative Litigation Act, or that there
Article 20(1) and (3) of the Administrative Litigation Act provides that "a revocation suit shall be instituted within 90 days from the date when the party becomes aware of the disposition, etc." is a peremptory period, but if the party is unable to comply with it due to any cause not attributable to him/her, he/she may subsequently file a lawsuit which has been neglected within two weeks after the cause ceases to exist pursuant to Article 160(1) of the Civil Procedure Act which is applicable mutatis mutandis pursuant to Article 8 of the same Act. The reason why the party cannot be held liable refers to the reason why the party could not comply with it even though the party has paid due attention to conduct the litigation (see Supreme Court Decision 200Du6916, May 8, 2001). This circumstance asserted by the plaintiff is not applicable to the period of filing a lawsuit under the Administrative Litigation Act, or the plaintiff's disposition of this case.