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(영문) 서울행정법원 2016.08.11 2015구단12260
강제퇴거명령취소
Text

1. On July 29, 2015, the Defendant’s deportation order and protection order issued against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On December 17, 2007, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People's Republic of China in the capacity of visit employment (H-2) on November 13, 2010, and was staying in the capacity of visit employment on November 17, 2010, the Plaintiff changed the status of stay to the qualification of marriage immigration (F-6) on November 15, 201 while entering the Republic of Korea as a foreigner of that People's Republic of China, and thereafter changed the status of stay to the qualification of permanent residence (F-5).

B. In the process of examining the change of status of stay against the plaintiff on June 10, 1989, the defendant issued a deportation order pursuant to Articles 7(1), 7-2 subparag. 2, and 11(1)3 of the Immigration Control Act on July 29, 2015, on the ground that the plaintiff entered the Republic of Korea using a passport entered in B as the date of birth on June 10, 1989 and confirmed as the date of non-existence of identity, and issued a protective order pursuant to Articles 51 and 63 of the same Act to protect the plaintiff in the internment room of the Seoul Southern Immigration Control Office (the following dispositions shall be taken).

C. The Plaintiff is currently taking protective measures at the current Spanish internment camp.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 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) on December 17, 2007, when entering the Republic of Korea, the date of birth entered C in the Republic of Korea, which corresponds to the plaintiff's true date of birth. This is a valid passport that conforms to the plaintiff's true date of birth, and if the date of birth entered in the past B is a simple clerical error, it does not constitute a reason to apply for the change of the passport under Article 10 of the Chinese Passport Act.

Therefore, it does not constitute entry into the Republic of Korea with a name passport regulated by Article 7 (1) of the Immigration Control Act.

(2) On December 17, 2007, the Plaintiff applied for the issuance of visa to Korea on December 17, 2007 to the Korean consular official located in China, who was in charge of visa issuance at the time of applying for visa issuance.

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