출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The plaintiff obtained the invitation of Korean citizen E (FF) by making use of his status B (C and D) and obtained a visa on September 4, 2002, and obtained the extension of the period of stay on March 11, 2003, and thereafter obtained the permission on the change of his status of stay to non-professional employment (E-9) after making the illegal voluntary declaration on November 6, 2003, and left the country on August 16, 2005 after obtaining the permission for his stay until August 16, 2005, after being exposed to the police station to be discovered and forced to leave the country on April 21, 2007. < Amended by Presidential Decree No. 18748, Apr. 26, 2007>
(The plaintiff has left the Republic of Korea without disclosing his actual status, and the issuance of visa was prohibited for three years from the date of departure from the Republic of Korea (the date of departure from Korea).
Nevertheless, the Plaintiff, not C, entered the Republic of Korea on November 21, 2007 with the invitation of the nationals of the Republic of Korea at the time for six months after departure from the Republic of Korea, and obtained a visa on October 31, 2007 (H-2), and entered the Republic of Korea on November 20, 2010. On November 25, 2010, the Plaintiff entered the Republic of Korea as a national G (H-2) of the Republic of Korea on October 2, 2012, and reported a marriage with the Republic of Korea on October 29, 2012. The Plaintiff was permitted to change the status of stay to the qualification of marriage immigration (F-6).
C. On November 30, 2015, the Plaintiff applied for the acquisition of nationality of the Republic of Korea pursuant to Article 6(1) of the Nationality Act after the lapse of two years after marriage. However, the Plaintiff was found to have been subject to the disposition of forced expulsion while illegally staying in B’s previous status.
Accordingly, the defendant confirmed that the plaintiff is subject to deportation pursuant to Article 7(1), Article 11(1)3, Article 4, and Article 6 of the Immigration Control Act. However, the defendant issued a departure order on January 24, 2017 when the plaintiff currently stays as the spouse of the citizen and expressed his/her intention to leave voluntarily.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 11, the purport of the whole pleadings
2. This.