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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On January 21, 2001, the Plaintiff was arrested at the police on January 14, 201, when he/she had been staying in a non-professional employment visa (E-9) on October 2, 2003 due to the legalization of illegal stay on October 2, 2003, while he/she again staying in a non-professional employment visa (E-9) on or after the expiration of the relevant period of stay, and was arrested at the police on January 14, 2010 upon a report related to the date of arrival.
B. On June 6, 2014, the Plaintiff entered the Republic of Korea with a passport issued under the name of the Plaintiff for a short-term visit visa (C-31) and stayed on August 18, 2014 with a change of sojourn status for visiting employment (H-2) until August 20, 2017. On June 9, 2016, the Plaintiff again filed an application for change with the Defendant for a change of sojourn status for overseas Koreans (F-4) on the ground that the Plaintiff was the same person as B, for whom the Plaintiff was forced to depart as above, on June 10, 2016, the Defendant issued an order for departure pursuant to Article 46(1)8 of the Immigration Control Act, but the Plaintiff was subject to a deportation order pursuant to Article 68(1) of the same Act, and denied the instant disposition on the ground that the Plaintiff was a person who was subject to an order for departure due to a lack of status as above.
[Grounds for recognition] The descriptions of evidence Nos. 3 and 4, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Plaintiff’s assertion 1) The Plaintiff’s act in the past of illegal stay from around 2004 to 2010, which was the ground for non-permission disposition, such as the extension of sojourn period, is unreasonable in violation of the law of the time of the act. 2) The Plaintiff’s life after entering the above name passport and returning home voluntarily upon the expiration of the period, and faithfully performed work life without any record leading to criminal acts during that period. The Plaintiff thereafter entered the country with the short-term visit visa (C-31) in the name of the Plaintiff, and stayed while staying in the Republic of Korea with the permission for change of sojourn status (H-2).