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(영문) 인천지방법원 2018.08.21 2018구단50045
출국명령처분취소
Text

1. The Defendant’s disposition of departure order issued against the Plaintiff on November 22, 2017 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, who was a male of Chinese nationality in 1951, entered the Republic of Korea on August 6, 1993 and left the Republic of Korea on the 25th of the same month.

B. However, on February 19, 2002, the Plaintiff entered a visa with a short-term visit (C-3) status as B (B and C) status, and left the Republic of Korea upon obtaining a departure order on May 28, 2003, when the alteration of status of stay was permitted on March 7, 2002 as a relative of D (E) for the Republic of Korea, under the false representation of D (E) status, the Plaintiff left the Republic of Korea after obtaining a departure order on July 24, 2003.

C. Meanwhile, the Plaintiff’s wife F entered the Republic of Korea with the Plaintiff by taking advantage of the status of G (G and H) entered as the Plaintiff’s spouse on the document at the time, and obtained the Plaintiff’s entitlement as an overseas Korean (F-4) after entering the Republic of Korea with D’s relative. However, on March 29, 2015, the Plaintiff’s wife F voluntarily reported the fact of non-existence of identity and received an order

Re-entry and stay in the capacity of overseas Koreans (F-4).

On March 5, 2005, the Plaintiff entered the visa on a short-term visit (C-3) and repeated entry into and departure from the country several times on several occasions. On January 31, 201, the Plaintiff obtained permission to change the status of stay as an overseas Korean (F-4) and applied for the acquisition of nationality of the Republic of Korea on September 2, 2016, but was found to have illegally entered the status B.

E. On November 22, 2017, the Defendant confirmed that the Plaintiff was subject to deportation pursuant to Article 7(1), Article 11(1)3, and Article 11(1)4 of the Immigration Control Act (hereinafter “the Act”), and issued a disposition for departure order (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The grounds under Article 11(1)3 and 4 of the Plaintiff’s assertion by the parties are the subject of a person who may engage in any conduct detrimental to the interest and public safety of the Republic of Korea, or any conduct detrimental to social order or good morals. The Plaintiff’s name passport is issued at the present point of time when 14 years elapsed.

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