출국명령처분취소
1. The part of the claim for the issuance of refugee visa among the instant lawsuit is dismissed.
2. The plaintiff's remaining claims are dismissed.
2...
1. (i) The Plaintiff is a foreign man of Ageia nationality.
On April 3, 2005, the Plaintiff entered the first place as short-term (C-2) sojourn status, and obtained permission to change the status of business investment (D-8) status on May 13, 2005. On December 14, 2012, the Plaintiff obtained permission to change the status of sojourn for trade management (D-9). The expiration date of the period of sojourn was extended in sequence until September 28, 2018.
B. On September 20, 201, the Plaintiff was punished by a fine of KRW 700,00 for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Guarantee of Automobile Accident Compensation Act, and the criminal punishment of KRW 3 million for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on May 31, 2017, and suspended indictment for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on July 30, 2018.
On September 21, 2018, the Defendant ordered the Plaintiff to depart from the Republic of Korea on October 21, 2018, based on Articles 11(1)3 and 4, 46(1)3, and 68(1)1 of the Immigration Control Act (hereinafter “instant disposition”).
【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. The current Administrative Litigation Act only provides for a lawsuit seeking confirmation that the omission by an administrative agency is unlawful under Articles 3 and 4 of the Administrative Litigation Act, and does not provide for a mandatory performance lawsuit seeking a certain disposition against the omission by an administrative agency. As such, the part concerning a claim for the issuance of refugee visa among the lawsuits in this case is unlawful.
3. (i) The Minister of Justice may prohibit entry into the Republic of Korea with respect to “a person deemed highly likely to engage in any conduct detrimental to the interest or public safety of the Republic of Korea, or a person deemed likely to engage in any conduct detrimental to the economic or social order or good morals.”