1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On May 6, 2015, the Plaintiff, a foreigner of Chinese nationality, entered the Republic of Korea for short-term visits (C-3-8) on short-term visits (C-3-8) and repeated entry into and departure from the Republic of Korea on several occasions, and continued to stay after obtaining the permission to change the status of stay from the Defendant on June 21, 2017 (H-2-6).

B. On July 5, 2017, the Plaintiff was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution on the grounds of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Operation without License), the violation of the Road Traffic Act (Operation without License), the forgery of a private signature, the uttering of a private document, and the unlawful uttering of a public document, and the judgment became final and conclusive as it is.

(2017 Highest 960) The gist of the criminal facts of the judgment of conviction received by the Plaintiff was that “the Plaintiff was driving a passenger car under the influence of alcohol level 0.131% without obtaining a driver’s license on April 9, 2017 and controlled by the police officer, the Plaintiff’s copy of the Plaintiff’s penal registration certificate B was the Plaintiff’s two police officers, and that “A” was signed by the police officer after stating “B” in the “A” column at the bottom of the “WO report” presented by the police officer.

C. On July 31, 2019, the Defendant issued an order for departure (hereinafter “instant disposition”) to the Plaintiff on August 30, 2019, on the ground that the Plaintiff’s aforementioned conviction constituted Article 46(1)3 of the Immigration Control Act (i.e., a person who was sentenced to imprisonment without prison labor or heavier punishment and thus, fell under Article 11(1)3, 4, and 8 of the same Act) and Article 13 of the same Act (i.e., a person who was released from the Republic of Korea).

[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 7 evidence, Eul's 1 to 5 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that all of the family members, such as the Plaintiff’s parents and a large penalty, reside in Korea, and both the Plaintiff and China have arranged their lives.