Text
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. The plaintiff, a foreigner of Chinese nationality, entered the Republic of Korea as a status of industrial training (D-3) by using a passport issued on January 19, 1998 (B and C) in the name of B (B) and C (B). On July 8, 2005, the plaintiff reported his illegal stay to the Republic of Korea, and entered the Republic of Korea as a status of visiting stay (F-1) using his passport on April 13, 2006.
B. Since then, the Plaintiff left the Republic of Korea on April 5, 2009 when he/she was staying after changing his/her status of stay to the qualification for visiting employment (H-2). On July 2, 2009, the Plaintiff re-entered to the same qualification as on July 2, 2009 and stayed until June 18, 2012. On July 8, 2012, the Plaintiff entered the same qualification as on July 22, 2013 and obtained permission for change to the status of stay for permanent residence (F-5) on October 22, 2
C. On June 2, 2015, when the Plaintiff applied for the acquisition of nationality to the Defendant on June 2, 2015, and the Plaintiff was found to have been illegally staying in the previous status B, the Defendant ordered the Plaintiff to leave the Republic of Korea until September 10, 2015, pursuant to Articles 68(1)1 and 46(1)1 and 46(3) of the Immigration Control Act, on August 12, 2015.
(hereinafter referred to as the "disposition of this case") . [Grounds for recognition] Gap's 1 to 3, Eul's 1 to 11 (including paper numbers) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion (1) although the plaintiff had been staying in the name of another person in the past, he/she is currently staying in a normal condition after obtaining status of stay under his/her main name. Thus, Article 7 (1) of the Immigration Control Act was not violated, and it cannot be viewed as falling under Article 11 (1) 3 and 4 of the Immigration Control Act.
(2) The statute of limitations under the Criminal Procedure Act for a violation committed by the Plaintiff after the lapse of 10 years from the date when the Plaintiff entered the Republic of Korea by using a name passport was already completed, and the Plaintiff had already completed the statute of limitations.