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(영문) 서울행정법원 2015.12.17 2015구단55885

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. A. Around March 8, 2000, the Plaintiff, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of China as a technical training (D-3), and went into the Republic of Korea while illegally staying. B. On August 10, 2009, the Plaintiff entered the Republic of Korea as a visiting employment (H-2) qualification on or around July 31, 2013, and stayed in the Republic of Korea as a visiting resident (F-6) qualification. (c) On or around June 2015, the Plaintiff filed an application for change of the status of stay with the Defendant as a marriage resident (F-6) qualification. The Defendant examined the above application and confirmed the facts of each of the crimes described in Article 11(1)3 and 4 of the Immigration Control Act, and in light of this, the Plaintiff received a voluntary written order from the Plaintiff to leave the Republic of Korea on or around June 31, 2015, and issued a disposition to the Plaintiff under Article 11(1)35 of the Immigration Control Act (hereinafter “instant”).

D. On July 28, 2011, the Plaintiff was ordered to suspend indictment for committing an offense against the Music Industry Promotion Act, which violates the purport that the Plaintiff provided entertainment services at a singing practice room at the Seoul Dong District Prosecutors’ Office.

2) On August 1, 2012, the Plaintiff was issued a summary order with the purport that he/she was punished by a fine of KRW 500,000,00 for a crime of violating the Music Industry Promotion Act with the content that the Plaintiff provided entertainment services at a singing practice room at the Seoul Central District Court. 3) around October 14, 2013, the Plaintiff was punished by a fine of KRW 700,00 for a crime of violating the Food Sanitation Act with the content that the Plaintiff provided entertainment services at a singing practice room at the Seoul Central District Court.

4. On May 13, 2015, the Plaintiff: (a) reported by the Seoul Central District Court that he was under the influence of alcohol, and (b) took a bath to police officers; and (c) took violence to the police officers, and (d) performed legitimate duties on the arrest of flagrant offenders.