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(영문) 인천지방법원 2018.08.21 2018구단50205
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 December 22, 1997, the Plaintiff entered the Republic of Korea as a member of technical training (D-3) in the name of “A” (hereinafter referred to as “A”), which is the current status, as a male of Birs’ nationality, and left the Republic of Korea upon recommendation of departure on December 21, 2000, which was over the period of stay.

B. However, while the Plaintiff entered the Republic of Korea on June 11, 2001 with a visa for short-term visit (C-3) as the status of C (D) (hereinafter “Class 2”), the Plaintiff reported his illegal stay for about two years on June 26, 2001 through the illegal stay reporting system in 2003, and was permitted to change his status of stay for non-professional employment (E-9) until May 11, 2005. The Plaintiff left the Republic of Korea after being subject to the disposition of order of departure on August 12, 2005.

C. The Plaintiff entered the Republic of Korea on February 17, 2006 with a short-term visit (C-3) visa issued on February 17, 2006, and changed the status of stay into the trade management (D-8) qualification on May 29, 2006, and obtained permission for changing the status of stay until December 24, 2017.

On March 18, 2017, when the plaintiff was found to be a person whose identity was unknown, he/she prepared a written statement stating that he/she entered into the status No. 1 on April 18, 2017 and entered the status No. 2 again, and returned home, but he/she was designated as a person subject to intensive management on April 25, 2017 because he/she did not appear at the request of the defendant on several occasions.

E. On December 21, 2017, the expiration of the period of stay, the Plaintiff visited the Defendant and submitted the reservation information on the right to departure from the Republic of Korea on January 19, 2018, and made a disposition for departure from the Republic of Korea on the same day (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, and Eul evidence 1 to 11;

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