출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, as a Chinese Chinese national, entered the Republic of Korea on February 16, 2013 as the status of stay for visiting employment.
(F) On December 9, 2014, the Defendant issued a departure order to the Plaintiff on December 9, 2014 pursuant to Articles 11(1)3 and 4, and 68(1) of the Immigration Control Act. On December 23, 2014, on December 23, 2014, the Defendant rendered a decision not to change the status of stay to an overseas Korean (F-4) qualification on the ground of the above departure order, etc.
(hereinafter collectively referred to as "each disposition of this case"). . [In the absence of dispute, Gap evidence Nos. 4, 5, Eul evidence No. 1, 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The order of departure above the Plaintiff’s assertion is unlawful since it did not present the grounds for disposition.
Considering the fact that the Plaintiff’s entry into and departure from the Republic of Korea around 2010 and continued to stay in the Republic of Korea for a period of five years, both of the basis of living in China have disappeareded, and around April 2014, the Plaintiff acquired a certificate of national technical qualification of laundry technician in the Republic of Korea, and all of the Plaintiff’s social and economic basis, including purchase of laren motor vehicles in around August 2014 and subscribing to automobile insurance, are in the Republic of Korea, etc., the Plaintiff’s inevitable circumstance to continue to stay in the Republic of Korea is over the disadvantage that the Plaintiff would suffer compared to the public interest to achieve each disposition of this case, and thus, each disposition of this case is unlawful as
B. (1) Article 23(1) of the Administrative Procedures Act provides that when an administrative agency makes a disposition, it shall provide the relevant party with the grounds and reasons therefor. This purport is to exclude arbitrary decisions of the administrative agency and to allow the parties to properly cope with the administrative remedy procedure.
Therefore, the parties at the time of the disposition, comprehensively taking into account the contents of the written disposition, relevant laws and regulations, and the overall process.