출국명령 및 체류자격 취소 처분 취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 22, 2000, the Plaintiff, as an overseas Korean of Chinese nationality, entered the Republic of Korea with a short-term visit (C-3) with a passport (C-B) in the name of “B” (C-B) on a short-term visit (hereinafter “A-1 passport”) and stayed illegally without departure on December 22, 2000, despite the expiration of the relevant sojourn period.
Since October 30, 2003, the Plaintiff was granted the status of stay for non-professional employment (E-9) in 2003, and left the Republic of Korea on April 20, 2005.
B. On August 23, 2005, the Plaintiff entered the Republic of Korea by obtaining the status of stay for visit (F-1) with the passport (hereinafter “A-2 passport”) under the name of “A” (hereinafter “A-2 passport”), and thereafter, entered the Republic of Korea with the qualification of non-professional employment (E-9) on August 17, 2006, and left the Republic of Korea on March 12, 2007 upon obtaining the permission of change of each sojourn status as the qualification of visiting employment (H-2). < Amended by Presidential Decree No. 20350, Aug. 16, 2008>
C. On October 8, 2008, the Plaintiff entered the Republic of Korea with the status of stay for Visited Employment (H-2) by the second passport issued on July 14, 201, and stayed with the permission of change of each status of stay granted on July 8, 201 as the qualification of residence (F-2), and as the qualification of permanent residence (F-5) on July 8, 201.
On April 20, 2017, the Defendant revoked the status of stay of permanent residence (F-5) pursuant to Article 89(1)2 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same) on the ground that “the fact of exercising a false passport was discovered” and ordered the Plaintiff to voluntarily depart until May 20, 2017 pursuant to Articles 7(1), 46(1)1, and 68(1)1 of the former Immigration Control Act.
The disposition of revocation of the status of stay for the State, the "Departure order", and the "each disposition of this case" in total.
E. On May 16, 2017, the Plaintiff dissatisfied with each of the instant dispositions and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on October 24, 2017.
F. Meanwhile, the defendant's argument of this case.