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(영문) 서울고등법원 2017.05.26 2016누77157
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation in this case is as follows: (a) part of Article 2-(c)(1) of the judgment of the court of first instance (from the fourth to the fifth half of the judgment of the court of first instance) (from the fifth to the second half of the judgment) is as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Supplementary part] We examine the violation of Article 22(3) of the Administrative Procedures Act.

The order of departure like the disposition of this case is a disposition that is made voluntarily to a person who falls under the subject of deportation but intends to depart voluntarily at his own expense, and the disposition concerning the departure of a foreigner, such as a deportation, which is the premise thereof, requires urgency, confidentiality, and clarity. The party who selects a voluntary departure instead of a deportation and expresses his intention to do so, has already been aware of how he obtained the order of departure for any reason before the order of departure. In light of these circumstances, the disposition of this case is difficult or unnecessary due to its nature (Article 22(3) of the Administrative Procedures Act).

Therefore, this part of the plaintiff's assertion is without merit.

A person shall be appointed.

2. The judgment of the first instance, which dismissed the Plaintiff’s claim of this case, is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit.

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