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(영문) 서울고등법원 2018.07.17 2018누41831
출국금지 및 연장 처분 취소 등
Text

1. From May 18, 2018 to May 2018, the Defendant among the instant lawsuits that were changed in exchange at the trial.

Reasons

1. The reasoning for the court’s explanation on this part is as follows, except for adding “44” to “from May 19, 2018” to “from May 19, 2018” to “33,” and “33,” under Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. Accordingly, each disposition was taken to extend the period of prohibition of departure on May 18, 2018 to “from May 20, 2018 to November 19, 2018.”

(2) If the effective period of an administrative disposition requesting the revocation of the extension of the period for prohibition of departure from May 20, 2018 to July 3, 2018 among the lawsuits in this case is determined on May 20, 2018, if the validity of the administrative disposition is not suspended, the administrative disposition becomes null and void upon the lapse of the above period. Thus, barring any special circumstance to deem that any legal interest is infringed upon due to the remaining form of the disposition after the expiration of the said period, there is no legal interest to seek the revocation of the disposition, unless there is any legal interest to seek the revocation of the disposition.

(see Supreme Court Decision 2002Du1946, Jul. 8, 2004). The effective period of the instant disposition is from May 20, 2018 to November 19, 2018, and the part ordering prohibition of departure from May 20, 2018 to July 3, 2018, when the period has elapsed as of the date of the closing of argument in the trial. The part ordering prohibition of departure from May 20, 2018 to July 3, 2018, does not constitute the requirement or aggravation of the unfavorable disposition against the plaintiff who is not aware of the said part in the future. Thus, there is no benefit to seek revocation from the Plaintiff.

Therefore, the part of the instant lawsuit claiming revocation of the extension of the period of prohibition of departure from May 20, 2018 to July 3, 2018 is unlawful.

(hereinafter) Of the instant dispositions, the part ordering prohibition of departure from July 4, 2018 to November 19, 2018 (hereinafter referred to as “bals disposition”) is three.

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