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(영문) 서울행정법원 2015.01.08 2014구합68508
강제퇴거명령 및 보호명령 취소
Text

1. The part concerning the protective order among the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. The plaintiff was a foreigner of the nationality of the People's Republic of China (hereinafter "China"), and entered the Republic of Korea on September 6, 1991 using a passport in the name of "A (B)" and left the Republic of Korea on January 29, 192.

B. On November 21, 1994, the Plaintiff entered the Republic of Korea using a passport in the name of “C (D)” and left the Republic of Korea on October 1, 1995. On December 18, 1999, the Plaintiff entered the Republic of Korea using the above passport again on December 18, 1999, and the Defendant was found to have “the fact of staying in the Republic of Korea using a passport containing false personal information” and was subject to the order of departure on August 29, 205.

C. According to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274, Nov. 1, 2011, the Plaintiff constitutes a marriage immigration (F-6-A) on July 27, 2006 by using a passport issued in the name of “A (B)” (F-2) and Article 12 [Attachment 1] 28-4.

The status of stay entered the Republic of Korea on October 2, 2007, and entered the Republic of Korea on December 27, 2007, again on August 10, 2009, and entered the Republic of Korea on June 17, 2010, and stayed until the time of the instant lawsuit.

On March 7, 2012, the Plaintiff filed an application for temporary naturalization with the Minister of Justice on the ground that he/she is a spouse E who is a national of the Republic of Korea, and during the review process, the Plaintiff was found to have “the Plaintiff entered and stayed illegally on October 1, 1995 while entering the Republic of Korea using a passport issued on November 21, 1994 (D) and departing from the Republic of Korea on December 18, 1995.”

E. On August 6, 2014, the Defendant issued a deportation and issued a deportation order to the Plaintiff on the ground that the Plaintiff is a person whose identity is unknown (two or more personal information and who enters or leaves Korea after undergoing an immigration inspection) pursuant to Articles 7(1), 7-2 subparag. 2, 11(1)3 and 4, and 46(1)1 through 3 of the Immigration Control Act.

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