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(영문) 인천지방법원 2017.05.30 2016구단51389
출국명령처분 등 취소
Text

1. Of the instant lawsuits, the part seeking revocation of the disposition of refusal to issue alien registration certificates and alien registration numbers.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a male of Chinese nationality, entered the Republic of Korea with a visa for seafarer employment (E-10) on June 23, 2015, and filed a foreigner registration within 90 days from entry into the Republic of Korea under Article 31 of the Immigration Control Act (hereinafter “Act”), but continued to stay in the Republic of Korea without complying with this, without leaving the workplace.

B. On September 22, 2016, the Plaintiff filed an application for refugee status with the head of the Seoul Immigration Office for refugee status by asserting that it is likely to be detrimental to the Chinese authority’s gambling as a trainee, and filed an application for alien registration with the Defendant on October 7, 2016.

C. On October 7, 2016, the Defendant issued an order for departure (hereinafter “instant disposition”) pursuant to Articles 68(1)1, 46(1)8 and 12, 31(1), and 25 of the Act to the Plaintiff on the basis of Articles 68(1)1, 46(1)2, and 31(1) and 25 of the Act, and the head of the Seoul Immigration Office rendered a decision on November 9, 2016 to recognize the Plaintiff’s

(A) The plaintiff is proceeding to file an objection against the decision of non-recognition of refugee status with the Minister of Justice). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including the number of branch numbers) and the purport of the whole pleadings.

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. We examine ex officio whether the part concerning the revocation of the issuance of foreigner registration certificates and the revocation of the rejection disposition is legitimate, and since the existence of an administrative disposition subject to a lawsuit in the administrative litigation is a lawful requirement of the lawsuit, the lawsuit shall be dismissed on the ground that the plaintiff's claim for revocation does not exist (see, e.g., Supreme Court Decision 96Nu6707, Aug. 26, 1997). Thus, the plaintiff filed an application for foreigner registration with the defendant on October 7, 2016, and there is no evidence to acknowledge that the defendant issued the foreigner registration certificate and the rejection disposition against foreigner registration number on the same day.

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