강제퇴거명령취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff (B) is a male of Mongolian nationality.
On July 22, 2008, the Plaintiff entered and stayed for the first time as non-professional employment (E-9) on December 15, 2012, and stayed for non-professional employment (E-9) on September 27, 2016. The expiration date of the period of stay is September 27, 2019.
B. On June 25, 2017, around 22:40, the Plaintiff: (a) viewed the appearance of the victim C (the victim C (the victim 28 years of age and the female) coming from the bus at 7-lane 7 bus stops; and (b) followed by the Defendant’s hand, the victim’s right turbt was frighted, thereby committing indecent act (hereinafter “instant indecent act”).
On October 30, 2017, a prosecutor issued a disposition of suspending indictment against the Plaintiff on the ground that “the fact of suspicion is recognized, but it is the first offense against a foreigner of Mongolian nationality, and is considered to have committed a contingent act under the influence of alcohol, and the mistake is divided, and only agreed with the victim.”
Article 11(1)3 and 4, Article 46(1)3, Article 51, and Article 63 of the Immigration Control Act with respect to the plaintiff on December 11, 2017, the defendant issued the "each of the dispositions of this case" against the plaintiff.
【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 5, the purport of the whole pleadings
2. Each of the dispositions of this case is legitimate (i.e., foreigners deemed likely to engage in any conduct detrimental to the interest or public safety of the Republic of Korea, foreigners deemed likely to engage in any conduct detrimental to the economic or social order of the Republic of Korea, or any conduct detrimental to the good morals, may be prohibited from entering the Republic of Korea (Article 11(1)3 and 4 of the Immigration Control Act). Any foreigner for whom the grounds for prohibition of entry are discovered or discovered after entry into the Republic of Korea may be forced to withdraw from the Republic of Korea.
§ 46. Immigration Control Act