출국명령처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On June 6, 2002, the Plaintiff purchased a false passport under the name of Chinese national B (C) and entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term date on June 6, 2002, and entered the Republic of Korea, and was subject to legal action on October 17, 2003, but left the Republic of Korea on June 27, 2008 according to the earthquake victim country departure program.
On September 5, 2011, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status using his/her passport, and repeated entry and departure on about 50 occasions.
On November 16, 2014, the Plaintiff entered the Republic of Korea with the status of stay for visiting employment (H-2) and applied for a change of the status of stay to the Defendant as an overseas Korean (F-4). However, on September 12, 2017, the Defendant confirmed that the Plaintiff falls under the person whose identity is not paid, and issued a departure order (hereinafter “instant disposition”) ordering the Plaintiff to voluntarily leave the Republic of Korea by October 12, 2017 pursuant to Articles 68(1)1, 46(1)1 and 3, 11(1)3 and 4, and 7(1) 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. 1, 2, 3, and Eul’s evidence Nos. 1, 3, and 11, and the purport of the entire pleadings, the Plaintiff’s assertion as to the legitimacy of the disposition of the instant case’s disposition, and the Plaintiff’s assertion as to whether the disposition of the instant case’s assertion was lawful, and the Plaintiff’s entry into the Republic of Korea inevitably by using the passport for his livelihood, but by legitimate visit, voluntarily departed from the Republic of Korea after the Plaintiff entered the Republic of Korea; the Plaintiff’s lawful stay in the Republic of Korea with the status of stay for visiting employment (H-2); the Plaintiff’s family members were living in the Republic of Korea without any specific penalty power; and the Plaintiff’
Judgment
1. Immigration administration is appropriate for the entry and departure of foreigners in the Republic of Korea.