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(영문) 서울고등법원 2019.10.04 2019누42916
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) it is identical to the ground for the judgment of the first instance except for the modification of the part of the third to fourth to fifteen of the judgment of the first instance as set forth in the following paragraph (2); and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The changed part

C. In light of the following circumstances, it is reasonable to see that the instant marriage certificate is a forged document, and thus, the instant disposition cannot be deemed unlawful, inasmuch as the structure, content, etc. of Article 24(1), Article 26 subparag. 1, Article 46(1)1, Article 66(1)10-2, and Article 68(1)1 of the former Immigration Control Act reflects the following circumstances, which are acknowledged as comprehensively taking into account the overall purport of pleadings on the entries, video products, and the overall purport of pleadings.

1) Article 24(1) of the former Immigration Control Act provides that a foreigner staying in the Republic of Korea shall obtain prior permission to change his/her status of stay when he/she intends to engage in activities falling under the status of stay different from that of his/her status of stay; Article 26 Subparag. 1 of the same Act provides that no person shall submit forged or altered documents, etc. as evidentiary materials in relation to an application for permission under Article 24; Articles 68(1)1 and 46(1)10-2 of the same Act and Article 26 of the same Act provide that a foreigner who violates Article 26 may order departure from the Republic of Korea. (2) The Defendant issued the instant disposition to voluntarily leave the Plaintiff by August 15, 2018 on the ground that the document submitted by the Plaintiff as evidentiary materials in relation to an application for permission to change his/her status of stay is forged. Thus, the issue of the instant case is whether the marriage certificate is forged

3. On March 15, 2018, the Defendant requested identification of whether the marriage of this case was altered to the Incheon Airport and Immigration Immigration Office, and on May 14, 2018.

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