2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff, as a Chinese Chinese national of the People’s Republic of China, entered the Republic of Korea from around 2005 and stayed, and re-enters the Republic of Korea as a visiting employment (H-2-7) on August 11, 2014.

B. On August 26, 2016, the Plaintiff was sentenced to a sentence of two-year suspension of execution in August, 2016 by Daejeon District Court 2016Da152, 240, for the criminal fact that “A youth B (n, 13 years of age) entered the apartment room in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, 2016 (n, 13 years of age) as of January 31, 2016, and paid 130,000 won to B in return for sexual intercourse, and that he/she had the sexual intercourse and had the sex purchase.” The above judgment became final and conclusive on September 3, 2016.

C. On September 26, 2016, the Defendant issued an order for departure ordering the Plaintiff to voluntarily depart from the Republic of Korea by October 25, 2016 (hereinafter “instant disposition”) on the ground that “In light of the fact that the instant criminal records and the Plaintiff voluntarily revealed his/her intention of departure and purchased the departure ticket, there exist grounds falling under Articles 68(1)1, 11(1)3, 4, and 46(1) of the Immigration Control Act” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion did not recognize that B was a minor, and that the wife and his children were staying in the Republic of Korea, and that the Plaintiff’s departure from the Republic of Korea would have suffered considerable difficulties, the instant disposition is excessively harsh to the Plaintiff, thereby deviating from and abusing the discretion.

(b) The attached Form of relevant statutes is as follows.

C. Determination 1 The immigration control administration is essential to carry out functions as a sovereign state, in particular, matters concerning entry and departure of foreigners due to the national administrative action aimed at promoting national interest and safety by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea.