1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The plaintiff, as a Chinese national of Chinese nationality, entered the Republic of Korea using a passport issued under the name of B (C) whose domicile is a Chinese national, and went into the Republic of Korea on May 30, 1994 and went into the Republic of Korea after being ordered to depart from the Republic of Korea.

B. Since then, the Plaintiff purchased a false passport in the name of D (E) and re-entry into the Republic of Korea on November 11, 1995, but was discovered on or around December 18, 2004 and was forced to leave on December 18, 2004.

C. On June 10, 2009, the Plaintiff re-enters the Republic of Korea with a passport issued under the name of name B (C) on visit employment (H-2) and obtained the status of stay for permanent residence (F-5-7) on November 20, 2012, and was staying. However, at the time of the Defendant’s spouse’s examination of permanent sovereignty, the Plaintiff was confirmed to have entered the Republic of Korea using the past name passport.

On December 6, 2016, the Defendant ordered the Plaintiff to leave the Republic of Korea until January 5, 2017 pursuant to Articles 7(1), 7-2 subparag. 2, 28(1), and 46(1)1 and 2 of the Immigration Control Act.

(hereinafter “Disposition in this case”). [Grounds for recognition] A. A., entry in Gap’s Evidence Nos. 1, 2, 4, and Eul’s Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he entered the Republic of Korea under the name of another person was about 20 years prior to the plaintiff's entry, and the plaintiff's disposition of this case was unlawful as it was in violation of the discretionary authority.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In light of the form and text of the provisions of Articles 68(1)1, 46(1)2, 7, and 7-2 of the Immigration Control Act, and the content and characteristics of the order of departure, it is reasonable to deem that an administrative agency has discretion on whether to issue an order of departure to a person subject to departure. The immigration control administration intends to promote the national interest and safety by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea and the stay of foreigners.