1. The plaintiff's claim is dismissed.

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

1. Details of the instant disposition

A. The Plaintiff is a Korean Chinese Chinese national of the People’s Republic of China’s nationality, who entered the Republic of Korea and obtained an extension of the period on December 11, 2010 (H-2) and obtained the qualification for overseas Koreans (F-4) on June 10, 2015.

B. On August 19, 2015, the Plaintiff was sentenced to a punishment of two-year suspension of the execution of imprisonment with prison labor for not less than 2 years as Seoul Western District Court 2015Da1463 as the Seoul Western District Court 2015Kadan1463, and the said judgment became final and conclusive around that time, on the following grounds: (a) the Plaintiff’s apartment corridor, where the Plaintiff was dissatisfied with the victim’s side house residents and noise problems, was frightened with the flap of the victim’s flap, and was flading with the flap of the victim’s flap and the flap of the fla

C. On September 4, 2015, the Defendant issued a departure order ordering the Plaintiff to voluntarily depart from the Republic of Korea by October 4, 2015, on the ground that there exist grounds falling under Article 11(1)3 and 4 of the Immigration Control Act, in light of the criminal records, such as the preceding paragraph (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion (1) The instant disposition was made based only on the Plaintiff’s criminal punishment without going through the procedure of weighing and balancing the public interest that the head of the Immigration Control Office can achieve and the Plaintiff’s private interest infringed upon. Therefore, it is unlawful as a disposition without going through the procedure of balancing interests, which is the core content of the exercise of discretionary power.

(2) An alien placed in the situation of a deportation shall be detained at the immigration detention center upon receipt of the deportation order, and it shall naturally express his/her intention of voluntary departure by the fixed deadline, and on the premise that the voluntary departure will to be carried out in this situation cannot be seen as the true intention of the voluntary departure.