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(영문) 서울행정법원 2015.08.17 2015구단53131

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. On March 12, 2012, the Plaintiff entered the Republic of Korea as a foreigner of Chinese nationality, and changed his/her status of stay to his/her visit employment (H-2) on May 25, 2012, and stayed in the Republic of Korea until now.

B. The Plaintiff was issued a non-prosecution disposition and a summary order with the following content.

(1) On November 3, 2012, the Plaintiff was subject to a disposition issued on December 6, 2012 at the Sung-nam Branch Office of the Suwon District Prosecutors’ Office that “the Plaintiff assaulted the victim D and the above victim’s entrance to drinking in the CN clubs located in Sung-nam City, Sungnam-si, Ma-si B.”

(2) On June 12, 2013, around 18:58, the Plaintiff was subject to a disposition on July 16, 2013 at the Sung-nam Branch Office of the Suwon District Prosecutors’ Office, which stated that “the Plaintiff, while drinking alcohol at a F cafeteria located in Seongbuk-gu, Sungnam-si, Ma, was snifeing the fat of the said victims’ Habbbbage with the victim G and the victim H and assaulted at drinking the victim H.”

(3) On October 3, 2013, the Seoul Special Metropolitan City Gwangjin-dong 8-12 No. 4, 2013, the Plaintiff was issued a disposition that he did not have the authority to prosecute on October 15, 2013 at the Seoul Dong-dong District Prosecutors' Office on the ground that “the Plaintiff abused victims I, the victim J, the victim K, and L respectively, on the ground that he/she performed drinking together with the victims and their family members and told them to do so at the restaurant and the restaurant.”

(4) At around 20:30 on April 15, 2013, the Plaintiff received a summary order of KRW 2,00,000 (a summary order of approximately 200,000 won) from the Sungnam Branch of Suwon District Court for a violation of the Punishment of Violence, etc. Act (joint injury) on November 11, 2013, on the ground that “the Plaintiff jointly inflicted an injury on the victim M on the ground that he/she was willing to sing the victim M in singing, but was refused to do so on the street at around 191, 201, and that the said summary order became final and conclusive on December 24, 2013.

C. The Defendant, on February 24, 2015, shall not be less than three times within the last five years.