beta
(영문) 서울행정법원 2017.10.17 2017구단68106

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 3, 2011, the Plaintiff entered the Republic of Korea with the status of general training (D-4) sojourn on December 3, 2011, and changed the status of stay to the status of study (D-2) on July 25, 2013.

On May 18, 2017, in Seoul Eastern District Court (No. 2016No1848) (No. 2016No. 1848), the Plaintiff: “D Officetel 726 in Seoul Gwangjin-gu from June 3, 2015 to June 01:3, 201:50 to June 3, 201: and the 61 cosmetic market price in which the Plaintiff and the victim E jointly owned while engaging in the business of selling cosmetics was the way to put the cosmetic 61stm market price in hand in hand, and was sentenced to one year of suspended sentence for six months due to criminal facts; and the above judgment became final and conclusive on July 18, 2017.

On July 18, 2017, the Defendant issued a departure order ordering the Plaintiff to voluntarily leave the Republic of Korea by August 16, 2017 pursuant to Articles 68(1)1, 46(1)3 and 13, and 11(1)3 and 4 of the Immigration Control Act (hereinafter “instant disposition”).

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 2 through 5, Eul's evidence Nos. 1 and 2, and the purport of the entire pleadings, the purport of the disposition of this case is legitimate after the plaintiff's entry into the Republic of Korea without any punishment power, the plaintiff is currently in school F and fourth grade, and the plaintiff is seeking occupation in the Republic of Korea after completing his study, etc., since the disposition of this case is excessively disadvantageous to the public interest to be achieved by the disposition of this case, the disposition of this case is unlawful since it is an abuse of discretionary power.

Judgment

1 The immigration control administration is a national administrative action that seeks to ensure the interest and safety of the State by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea, especially matters concerning entry and departure of foreigners are essential to carry out functions as a sovereign state.