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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 April 19, 197, the Plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), was forced to withdraw from the Republic of Korea on the ground that he had first entered the Republic of Korea on April 16, 1999, and had illegally stayed after the lapse of the period of stay in the Republic of Korea on April 16, 199. On August 25, 1999, the Plaintiff was forced to withdraw from the Republic of Korea on the ground that he had re-entered the Republic of Korea using a passport under the name of another person called "B (C)" and stayed illegally after the lapse of the period of stay in the Republic of
B. On July 7, 2007, the Plaintiff re-entry the Republic of Korea on July 5, 2010, and went into the Republic of Korea on July 24, 2010, and was staying in the Republic of Korea as a visiting employment (H-2) status on July 24, 2010, the Plaintiff acquired the status of stay of the spouse (F-2) of the permanent resident on May 29, 2012 on the grounds of marriage with the permanent resident of the Republic of Korea.
C. However, on March 28, 2017, the Defendant discovered the fact that the Plaintiff entered the Republic of Korea using a passport issued in the name of another person, and revoked the status of stay pursuant to Article 89(1)2 of the Immigration Control Act (hereinafter “instant first disposition”), while issuing an order to leave the Republic of Korea by April 26, 2017 pursuant to Article 7-2 Subparag. 2, Article 11(1)3 and 4, Article 46(1)2 and 3, and Article 68(1)1 and 3 of the same Act (hereinafter “instant second disposition”), pursuant to Article 7-2 Subparag. 2, Article 11(1)3 and 46(1)2 and 3, and Article 68(1)1 and 3 of the same Act.
[Ground of recognition] No dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's summary of the plaintiff's assertion that the non-existence of the ground for disposition 1 has entered the Republic of Korea using a passport under the name of another person does not constitute grounds for cancellation of status of stay and departure order as prescribed by the Immigration Control Act. Thus, the disposition of this case is a disposition which was conducted