출국명령처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why the court should explain this part of the disposition are as follows: (a) the second part of the judgment of the court of first instance, which reads “after receiving an departure order” as “after receiving an departure order on the ground of unlawful stay,” is the same as the corresponding part of the judgment of the court of first instance; and (b) thus, this part shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. An entry in the attached Form of relevant Acts and subordinate statutes;
3. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff entered the Republic of Korea with the second passport and visa with which the date of actual withdrawal of the Plaintiff’s birth is valid, and thus does not constitute a violation of Article 7(1) of the Immigration Control Act. 2) The original disposition of this case is not permissible on the ground that the passport was null and void and thus violates Article 7(1) of the Immigration Control Act, on the ground that “the first passport with false personal information is used, and there is considerable reason to deem that there is a concern for doing any act detrimental to the interest of the Republic of Korea or public safety by failing to give notice of its power,” thereby adding the same to the grounds of disposition of Article 11(1)3 of the same Act is not recognized as having the identity of basic factual relations.
3) Even if the grounds for the instant disposition are recognized, considering the fact that the Plaintiff was deprived of his livelihood and the base of his life that had been maintained in the Republic of Korea for not less than five years, the instant disposition constitutes a deviation and abuse of discretionary power due to excessive disadvantages suffered by the Plaintiff compared to the public interest to be achieved thereby. (B) Determination 1) The Defendant’s violation of Article 7(1) of the Immigration Control Act is identical to the fact that the Defendant stated Article 7(1) of the Immigration Control Act and Article 11(1)1 of the Immigration Control Act as applicable provisions in the departure order at the time of the instant disposition, and thus, the Defendant at the time of the instant disposition.