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(영문) 서울행정법원 2016.08.11 2016구단52814

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of recognition and disposition;

A. The Plaintiff, a Chinese national born in the People’s Republic of China (hereinafter “China”), entered the Republic of Korea on April 13, 2008 with the first entry into the Republic of Korea as a visiting employment qualification (H-2), and acquired the status of stay of overseas Koreans (F-4) on October 28, 2013.

B. On August 29, 2015, at around 00:30, the Plaintiff interfered with the legitimate performance of official duties by a police officer by cutting clothes and arms of a police officer, and sending a glass door to a police box, in order to interfere with the use of locks by a police officer for committing an act in the act of committing a crime B, within the police box box of the Seongbuk-gu Police Station.

C. On January 4, 2016, the Plaintiff received a summary order of KRW 3 million from the Suwon District Court on the charges of obstruction of performance of official duties, and the said summary order became final and conclusive around that time.

On November 1, 2015, the Plaintiff was under investigation due to the crime of obstruction of performance of official duties, but the victim was under suspicion of assault, but was not subject to prosecution on November 16, 2015 by the Seoul Southern District Prosecutors' Office on the ground that he/she did not have the authority to institute a public prosecution.

E. The Defendant issued a departure order to the Plaintiff on February 16, 2016 pursuant to Articles 11(1) and 68(1)1 of the Immigration Control Act on the ground that the Plaintiff’s assault and obstruction of performance of official duties were criminal records (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 15, and Eul's 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that police officers want to take the scambling at the police box, and that they go away from the police box, which was scambling too far. The Plaintiff’s assertion is all that the police officers want to take the scambling out of the police box. The Plaintiff’s thereafter scambling out of the police box.

For this reason, the plaintiff was issued a summary order of KRW 3 million, but this is also a fine of KRW 5 million, which is the internal standard for the defendant to issue a departure order.