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(영문) 수원지방법원 2016.10.19 2016구단7952
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 9, 2016, the Plaintiff, a national of the People’s Republic of China, was convicted of a two-year suspended sentence of imprisonment for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., while residing in the Republic of Korea with the qualification of spouse (F-6-1) of the citizen of the People’s Republic of China. The Defendant issued an order for departure, stating that on June 15, 2016, the Defendant left the Republic of Korea until July 12, 2016, to the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists on the ground of recognition, Gap 1, Eul 1, 4, and 5 respectively, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion was not an arrangement of commercial sex acts from the beginning, and that the obligation was accumulated while running a laundry with the husband due to business difficulties, the Plaintiff’s occurrence of the crime resulting in the Plaintiff’s failure to escape from economic difficulties; the Plaintiff has some aspects of her husband’s responsibility under the circumstances; the Plaintiff is already detained for a considerable period of time and is subject to sufficient criminal punishment by paying large surcharges; and the Plaintiff’s departure from the Republic of Korea due to the instant disposition, there is a concern that the marital life might lead to the failure. Accordingly, the instant disposition is excessively harsh to the Plaintiff, thereby abusing the scope of discretionary authority.

(b) The attached Form of relevant statutes is as follows.

C. The immigration control administration 1 ought to be strictly controlled because of the national administrative action aimed at promoting 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.

In addition, considering the above administrative purpose and characteristics of immigration administration, including the forms, language, and system of the provisions of each subparagraph of Article 46(1) of the Immigration Control Act under Article 68(1)1 of the Immigration Control Act, to achieve through departure order.

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