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(영문) 인천지방법원 2016.02.02 2015구단50808
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 January 28, 192, the Plaintiff entered the Republic of China with a short-term visit (C-3) sojourn status on a short-term visit (C-3) from January 28, 1992, and was ordered on November 21, 1992 to depart from the Republic of Korea by the above deadline, despite the fact that the Plaintiff was exposed to the Marsan Immigration Office on November 21, 1992 and was ordered to depart from Korea by November 22, 1992, the Plaintiff was prohibited from issuing the entry visa for two years.

B. The plaintiff entered the Republic of Korea on a short-term visit (C-3) with a passport issued on December 12, 1995 (B and C) within the period during which the issuance of the entry visa was prohibited, and stayed illegally beyond the period of sojourn after entering the Republic of Korea, and on June 14, 1996, the Seoul District Court sentenced on two years of suspension of execution for one year of imprisonment with prison labor for false entries in the passport, etc., and was subject to a deportation order issued on June 18, 1996, and was prohibited from entering the Republic of Korea for five years on July 8, 1996.

C. The plaintiff entered the Republic of Korea on a short-term visit (C-3) with a passport issued on December 15, 2000 (D and E) within the period of entry prohibition, and when the period of illegal stay exceeds the period of stay, and when the measure of legality was implemented as to illegal stay foreigners, the plaintiff was taken, on October 29, 2003, and the status of non-professional employment (E-9) was granted by reporting the completion of the personal information stated in the passport issued in D's name as if the plaintiff's personal information was the plaintiff's personal information, but illegally staying more than April 15, 2005, which is the expiration date of the period of entry prohibition.

On May 20, 201, according to the plan to improve the grievance settlement of overseas Koreans enforced around 2011, the Plaintiff filed a voluntary report as of May 20, 201, and was granted the status of stay for general training (D-4) on June 23, 2011, but was changed to the status of stay on February 13, 2012, and was staying. On June 3, 2014, the Plaintiff filed an application to change the status of stay for overseas Koreans (F-4) with the Defendant on June 3, 2014.

E. Accordingly, the Defendant examined whether or not the Plaintiff’s status of stay was changed, and the Plaintiff was the victim on May 4, 2012.

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