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(영문) 서울고등법원 2021.02.04 2020누56744

출국명령처분취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is the purport of the claim and the appeal.

Reasons

The reasoning for this case is as follows, except for the modification of the part of the written judgment of the first instance as to this case, the court's acceptance of the judgment of the first instance is as stated in the reasoning for the judgment of the first instance. Thus, this is based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Supplementary part] Article 2 of the judgment of the first instance court, “No. 2019 high-level 22524,” and Article 2524 of the judgment of the first instance as “the crime of this case,” respectively.

The judgment of the first instance court was conducted on the 3th page 4.

“On the other hand, the Defendant added Article 46(1)14 of the Act and Article 54-2 subparag. 1 of the Enforcement Rule of the Act to the statute based on the instant disposition.

“” shall be added.

Article 11 (Prohibition, etc. of Entry and Departure) (1) The Minister of Justice may prohibit any of the following foreigners from entering the Republic of Korea:

3. There is a concern over doing any act detrimental to the interest of the Republic of Korea or public safety;

person with reasonable grounds for appointment;

4. There is apprehension that he may commit any act detrimental to the economic or social order or the good morals;

(1) The head of a Regional Immigration Service may enforce any of the following foreigners to leave the Republic of Korea in accordance with the procedures provided for in this Chapter:

3. A person who is found to fall under any of the subparagraphs of Article 11 (1) after entry into the Republic of Korea or has been released after having been sentenced to imprisonment without prison labor or heavier punishment; 14. Other persons who correspond to subparagraphs 1 through 10, 10-2, 11, 12, 12-2, or 13 and are prescribed by Ordinance of the Ministry of Construction and Transportation.

Provided, That this shall not apply to any of the following persons: