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(영문) 서울행정법원 2014.07.18 2014구합7213

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

The plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), entered the Republic of Korea on November 7, 2004 as a sojourn status of visit and residence (F-1) and changed the status of non-professional employment (H-2) on May 31, 2005, and on May 30, 2007 as a sojourn status of visit employment (H-2) on May 30, 2007.

On August 14, 2009, while the Plaintiff was staying in the Republic of Korea, the Seoul Southern District Court received a summary order of KRW 300,000 won (No. 2009 high-level 20750) (No. 20750) due to the criminal fact that he/she ambling around July 2, 2009, while staying in the Republic of Korea. On May 12, 2011, the Seoul Southern District Court issued a summary order of KRW 700,00 (No. 201 high-level 7046) with respect to the criminal fact that he/she ambling around March 31, 2011.

On September 29, 2011, the Plaintiff was sentenced to a fine of KRW 1,50,00 (a fine of KRW 201,4677, 5304 (Merger)) for criminal facts constituting a gambling at the Seoul Central District Court around May 11, 201.

On December 5, 2012, the Plaintiff voluntarily left the Republic of Korea after the expiration of the period of stay on December 5, 2012. On March 5, 2014, the Plaintiff entered the Republic of Korea as the sojourn status for visiting employment (H-2) and applied for a foreigner registration to the Defendant.

However, on March 24, 2014, the Defendant issued an order for departure (from March 18, 2014 until April 23, 2014; hereinafter “instant disposition”) pursuant to Articles 68(1)1, 46(1)3, and 11(1)3, and 11(1)4 of the Immigration Control Act (amended by Act No. 12421, Mar. 18, 2014; hereinafter “instant disposition”).

[Based on recognition, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 1 and Eul’s evidence Nos. 1 through 4, and the purport of the entire argument is legitimate. The Plaintiff’s assertion as to whether the disposition of this case is legitimate in the Republic of Korea while working in Korea.

It is nothing more than a sentence of a fine due to gambling crime, and if it is returned to China, the livelihood is prevented.

The defendant's disposition of this case shall take into account the plaintiff's above circumstances.