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 is a foreigner with the Indian nationality, and entered the Republic of Korea on May 31, 2005 with the general usage status (C-3-4) sojourn status, and illegally stays after the lapse of June 30, 2005, which is the expiration date of the relevant sojourn period, and became a protective measure on October 25, 2016.

B. On October 27, 2016, the Defendant issued a deportation order (hereinafter “instant disposition”) by applying Articles 17(1) and 46 of the Immigration Control Act to the Plaintiff on the ground of a long-term illegal stay.

C. On November 4, 2016, the Plaintiff filed a request with the Defendant for temporary release from custody on the grounds of the circumstance, etc. of having school children, and obtained permission from the Defendant on November 4, 2016, and continued to extend the period of temporary release from custody until the date

[Ground of recognition] No dispute, Gap 1, Eul 1 to 3, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In view of the fact that the Plaintiff’s child is in attendance at a domestic immigration control high school, and that the domestic stay is essential for the livelihood and protection of his child, the instant disposition is excessively harsh to the Plaintiff, and is abuse of discretion.

(b) Article 17 of the Immigration Control Act (Sojourn and Activity Scope of Foreigners) (1) Any foreigner may stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period

Article 46 (Persons subject to Deportation) (1) The head of a Regional Immigration Service may force the deportation of any of the following aliens from the Republic of Korea in accordance with the procedures prescribed in this Chapter:

8. A person who violates Article 17 (1) or (2), 18, 20, 23, 24, or 25;

B. The immigration control administration 1 is, inter alia, the national administrative action aimed at promoting national interest and safety by properly controlling and coordinating the entry and departure of foreigners in Korea and foreigners.