출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On November 18, 1992, the Plaintiff entered the Republic of Korea with a passport (hereinafter “A-3”) under the name of “A (B)” on November 18, 1992, and entered the Republic of Korea on October 27, 1994. On September 13, 2002, the Plaintiff re-enters the Republic of Korea with a passport (hereinafter “A-2 passport”) under the name of “A (C-2”) for short-term use (hereinafter “A-2 passport”), and changed the status of stay for visiting employment (H-2) April 17, 2007.
On March 10, 2014, the Plaintiff filed an application for change of status of stay as an overseas Korean (F-4). The Defendant issued a departure order to the Plaintiff on March 11, 2014 pursuant to Articles 7(1), 46(1) and 68(1) of the Immigration Control Act (hereinafter referred to as the “Act”) on the ground that the Plaintiff discovered that his previous personal information had entered Korea with a different passport, and that he had entered Korea with an uneffective passport.
(2) Article 21 through 23 of the Administrative Procedures Act does not apply to the disposition of this case. The disposition of this case is unlawful since the disposition of this case does not comply with the procedure stipulated in Articles 21 through 23 of the Administrative Procedures Act, such as the disposition of this case and the disposition of this case does not specifically indicate the grounds for the disposition of this case. Thus, the disposition of this case is unlawful.
Article 7 (1) of the Act provides that "the absence of a disposition reason shall require a valid passport at the time of entry of a foreigner and a visa issued by the Minister of Justice". The validity of a passport shall be based on the present passport.
However, since the second passport currently possessed by the plaintiff is a valid passport consistent with the actual conditions, the disposition of this case is unlawful as the grounds for disposition do not exist.
The plaintiff abuse of discretionary power for a considerable period.