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(영문) 서울행정법원 2015.10.29 2015구단5651
출국명령처분취소
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. On July 7, 2005, the Plaintiff, a national of the People's Republic of China (hereinafter "China"), filed a marriage report with B who is a national of the Republic of Korea, and entered the Republic of Korea on November 22, 2005 as a resident (F-2) sojourn status on November 22, 2005, and thereafter stayed in the Republic of Korea as a spouse (F-6-1) sojourn status of the citizen

B. The defendant is next to the plaintiff.

In light of the facts of each crime described in the paragraph, the Plaintiff: (a) deemed that the Plaintiff constitutes a person subject to prohibition of entry under Article 11(1)4 of the Immigration Control Act; and (b) issued an order to leave the Republic of Korea by May 17, 2015 pursuant to Articles 68(1)1 and 46(1)3 of the Immigration Control Act (hereinafter “instant order for departure”).

C. On April 2, 2009, the Plaintiff was sentenced to a summary order of KRW 1,00,000,000,000,000,000,000,000,000,000 won for a violation of the Medical Service Act, and was sentenced to a fine of KRW 5,000,00 (Seoul Central District Court 2008Ma7015) by committing a violation of the Medical Service Act, which was committed by the Plaintiff at a massage clinic operated by C without obtaining the recognition of a massage’s qualification (Seoul Central District Court 2008MaMa7015).

(Seoul Central District Court 2009Da35809) On August 28, 2009, the Plaintiff was issued a summary order of KRW 500,000 (Seoul Central District Court 2009Da35503) for a crime of violation of the Medical Service Act that the Plaintiff worked as a massage at a massage clinic operated by D without being accredited as a massage (Seoul Central District Court 2009Da3503).

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was married with B on July 7, 2005 and there was no economic leave, and thus, the Plaintiff was on the part of a nearby restaurant, etc. from the time of marriage to the time of September 2014, and the Plaintiff was on the private village E from July 2009 to September 2014.

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