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(영문) 서울행정법원 2019.07.17 2019구단60304
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 October 26, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) on a short-term basis, and subsequently continued to stay in the Republic of Korea after changing the status of stay on January 21, 2016 to a general training (D-4) in the graduate school university, and changed the status of stay to a study (D-2) status on September 19, 2017 to enter a master’s degree course at a Cuniversity, and was extended from the Defendant by March 31, 2019.

B. Meanwhile, on May 13, 2018, while staying in the Republic of Korea around 22:32, 2018, the Plaintiff was indicted on the part of a main station located in Dongdaemun-gu Seoul, for the following reasons: (a) while drinking alcohol with the victim, on the ground that the victim had taken an examination on the Plaintiff’s female-friendly Gu, the Plaintiff was under the influence of alcohol once her head head head head knife; (b) the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

However, the prosecutor appealed against the above judgment of the first instance on the ground of unfair sentencing, and the appellate court accepted the prosecutor's grounds for appeal and reversed the above judgment of the first instance on December 21, 2018, and sentenced the plaintiff to 8 months of imprisonment and 2 years of suspended execution (Seoul Northern District Court Decision 2018No1686), and the above judgment became final and conclusive on January 11, 2019 by the withdrawal of the plaintiff's appeal.

C. On March 21, 2019, the Plaintiff applied for the extension of the period of stay for studying abroad (D-2). While examining the Plaintiff’s application for the extension of the said period of stay, the Defendant found the above criminal record of the Plaintiff, and the Immigration Control Act against the Plaintiff on April 12, 2019.

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