출국명령처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court’s explanation regarding the instant case by the court of first instance regarding the instant case are as follows: (a) the Immigration Control Act, in Chapter 2 of the judgment of the court of first instance, shall be amended to the former Immigration Control Act (amended by Act No. 12421, Mar. 18, 2014; hereinafter “Immigration Control Act”); and (b) Article 2-B of the judgment of the court of first instance as to whether the instant disposition is lawful.
paragraph (c).
1) (a) Except as described below, the reasoning of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1) Whether Article 46(1)13 of the Immigration Control Act falls under Article 46(1) of the Immigration Control Act, or Article 46(1)13 of the Immigration Control Act provides that "a person who has been sentenced to imprisonment without prison labor or heavier punishment and has been released after being sentenced to a stay of execution for which the execution of the sentence is suspended" as one of the persons subject to deportation. It is a question as to whether "a released person" includes (i) whether a person who has been sentenced to a stay of execution for which the execution of the sentence is suspended after having been sentenced to a sentence of imprisonment without prison labor or heavier punishment, or (ii) whether
In addition, there is no basis to interpret only the cases where a sentence of imprisonment without prison labor or a heavier punishment is not attached to the suspension of the execution of the sentence, and the suspension of the execution of the sentence is only a system that suspends the execution of the sentence for a certain period in the purpose of criminal policy, and there is no need to enforce the suspension of the execution of the sentence, compared to the cases where the sentence is sentenced.
Inasmuch as it is difficult to readily conclude that the foregoing “a sentence of imprisonment without prison labor or heavier punishment is insufficient,” it should be deemed that the suspension of execution of the sentence is naturally included in cases where the sentence is suspended.
Furthermore, the following: