출국명령처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the entry of this case by the court of first instance concerning this case are as follows, except for the addition of the judgment on the allegations raised by the plaintiff by emphasizing in the trial as follows 2. The reasons for the first instance judgment are as stated in Articles 8(2) and 420 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Details of the further determination
A. Article 68(1)1 of the Immigration Control Act provides that “The head of a Regional Immigration Service may order a person who is deemed to fall under any of the subparagraphs of Article 46(1), but intends to depart voluntarily at his/her own expense, to depart from the Republic of Korea.” Article 46(1)13 of the Immigration Control Act provides that “a person who is released after having been sentenced to imprisonment without labor or heavier punishment for a reason for deportation” is one of the grounds for deportation.
Therefore, the subject of deportation refers to a person who commits a crime that is sentenced to imprisonment without prison labor or a heavier punishment, and thus, it is unlawful for the Plaintiff, who is not sentenced to imprisonment without prison labor or a heavier punishment, to take the instant disposition (Departure order disposition) against the Plaintiff.
B. As to the disposition of this case against the plaintiff, Article 68 (1) 1, Article 46 (1) 3, and Article 11 (1) 3 of the Immigration Control Act were applied. The contents and relevant provisions are as follows.
Article 11 (Prohibition, etc. of Entry) (1) The Minister of Justice may prohibit the entry of any of the following foreigners:
3. A person deemed highly likely to engage in any conduct detrimental to the interest of the Republic of Korea or public safety. Article 46 (Persons subject to Deportation) (1) The head of a Regional Immigration Service may force the alien falling under any of the following subparagraphs to withdraw from the Republic of Korea in accordance with the procedures prescribed in this Chapter:
3. A person who is found to fall under any subparagraph of Article 11 (1) after entry into the Republic of Korea;