체류기간연장불허가및출국명령취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows: (a) addition to the attached text of the judgment of the court of first instance to the attached text "related Acts and subordinate statutes"; and (b) addition to the judgment on the matters asserted by the plaintiff in the court of first instance, the reasoning of the judgment is as stated in the judgment of the court of first instance; and (c) addition to the judgment on the matters asserted by the plaintiff in the court of first instance,
2. Determination on the Plaintiff’s additional assertion in the trial room
A. The Plaintiff’s assertion as to the violation of Article 23(1) of the Administrative Procedures Act is subject to the Administrative Procedures Act as it does not fall under the case where the application of the Administrative Procedures Act is excluded. However, even according to the entry of the order for departure and the notice of decision on examining an immigration offender, it is difficult to deem that the grounds and grounds for the instant disposition are clearly specified. The instant disposition is in violation of Article 23(1) of the Administrative Procedures Act due to its failure to clearly present the grounds
B. 1) Article 3(2)9 of the Administrative Procedures Act provides that “The Administrative Procedures Act shall not apply to any disposition regarding entry or departure of a foreigner.” However, in light of the legislative purpose of the Administrative Procedures Act and Article 3(2)9 of the Administrative Procedures Act, the application of the Administrative Procedures Act shall be deemed excluded only to a disposition that makes it difficult to undergo administrative procedures or requires unnecessary dispositions or procedures equivalent to administrative procedures due to its nature, not to exclude the application of the Administrative Procedures Act to the whole disposition concerning entry or departure of a foreigner (see, e.g., Supreme Court Decision 2006Du20631, Sept. 21, 2007). However, this order of departure, such as the instant disposition, is given to a person who intends to voluntarily leave the Republic of Korea at his/her own expense, but is given to a person who intends to voluntarily leave the Republic of Korea at his/her own expense.