logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.12.19 2019구단100327
강제퇴거명령취소
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 May 19, 2016, the Plaintiff entered the Republic of Vietnam as a non-professional employment (E-9) foreigner.

B. On August 23, 2018, the Plaintiff was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act with the following criminal facts as stated in the facts constituting the crime, and around that time, the said summary order became final and conclusive. On September 17, 2018, the Daejeon District Court issued a summary order of KRW 1 million on the grounds of the injury and intrusion upon residence as stated in the facts constituting the crime, as stated in the following (2) on September 17, 2018, upon receiving an objection to the summary order of KRW 1 million on the ground of the injury and intrusion upon residence as stated in the facts constituting the crime, but the said summary order was withdrawn on November 2, 2018 and became final and conclusive.

1) B CD 2) C B E

C. On March 25, 2019, the Defendant issued a deportation order to the Plaintiff on the ground of Articles 46(1)3, 11(1)3, and 11(1)4 of the Immigration Control Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the facts constituting a summary order issued by the Plaintiff do not fall under Article 11(1)3 and 4 of the Immigration Control Act, the instant disposition on a different premise is unlawful.

(b) Article 11 (Prohibition, etc. of Entry) of the Immigration Control Act (Prohibition, etc. of Entry) (1) The Minister of Justice may prohibit the entry of any of the following foreigners:

3. A person deemed highly likely to commit any act detrimental to the interest of the Republic of Korea or public safety;

4. A person deemed highly likely to engage in any conduct detrimental to the economic or social order or good morals, or Article 46 (Persons subject to Deportation) (1) The head of a Regional Immigration Service shall be out of the Republic of Korea any of the following foreigners according to the procedures provided for in this Chapter:

arrow