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(영문) 수원지방법원 2020.08.21 2020구단7850
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 March 27, 2012, the Plaintiff entered the Republic of Korea with a visa for short-term visits (C-3) issued on March 27, 2012, and stayed with the permission for change of status of stay for visiting employment (H-2) on June 26, 2012, and left the Republic of Korea on June 23, 2015.

Since then, the Plaintiff repeated entry into and departure from Korea with the visit employment (H-2) or short-term visit (C-3) sojourn status, and entered Korea with the visit employment (H-2) sojourn status on December 19, 2019, and entered Korea on January 23, 2020. On January 30, 2020, the Plaintiff entered Korea with a visa for visit employment (H-2).

B. On December 19, 2019, the Plaintiff driven a motor vehicle while under the influence of alcohol at 0.217% of alcohol level. As a result, the Plaintiff was indicted for a violation of the Road Traffic Act (No. 2020 high-level 163) and was sentenced to imprisonment for one year, suspension of execution for two years, and 40 hours in the law-abiding class on May 20, 2020. The above judgment became final and conclusive as it is.

C. In light of the fact that the Plaintiff was sentenced to the suspension of the execution of imprisonment with prison labor for drinking driving as above, the Defendant issued an order for departure (hereinafter “instant disposition”) against the Plaintiff on June 8, 2020 on the ground that the Plaintiff constitutes “persons deemed likely to engage in conduct detrimental to the interest, public safety, social order, good morals, etc. of the Republic of Korea” (hereinafter “instant disposition”), but on the ground that the Plaintiff expressed his intent to voluntarily leave the Republic of Korea at his own expense.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant did not provide the Plaintiff with an opportunity to state his opinion and present his opinion in accordance with the Administrative Procedures Act in rendering the instant disposition, and did not specify the reasons for the instant disposition in detail.

Therefore, the instant disposition is accordingly.

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