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(영문) 서울고등법원 2019.05.03 2018누70419
출국명령 및 체류자격 취소 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s revocation of the status of stay against the Plaintiff on April 20, 2017 and the status of stay.

Reasons

1. The facts below the facts of recognition are either in dispute between the parties or in accordance with Gap evidence of Nos. 3 to 5, Eul evidence of No. 1 to 5, 7, and 8, together with the purport of the whole pleadings.

[1] The plaintiff, as an overseas Korean of Chinese nationality, entered the Republic of Korea with a visa for short-term visit (C-3) with another person's passport (C-B) "B" on November 22, 2000, and illegally stayed without departure on December 22, 2000 when the period of sojourn expires.

Since October 30, 2003, the Plaintiff was granted the status of stay for non-professional employment (E-9) in 2003, and left the Republic of Korea on April 20, 2005.

[2] On August 23, 2005, the Plaintiff entered the Republic of Korea with a visa for sojourn status of F-1 (F-2) in the person’s name (hereinafter “B”) as “A”, and thereafter, entered the Republic of Korea with a visa for sojourn status of non-professional employment (E-9) on August 17, 2006, and entered the Republic of Korea with a permit for each change on March 12, 2007 with a sojourn status of visiting employment (H-2) on the second passport on August 16, 2008, and the Plaintiff went into the Republic of Korea with a visa for sojourn status of visiting employment (H-2) on the second passport on July 14, 201, but obtained a permit for change on July 8, 2014 (F-2), and was found to have been used for the Plaintiff’s exercise of the passport on July 27, 201 [3].

For the reason that the Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same) revoked the status of stay of permanent residence (F-5) pursuant to Article 89 (1) 2 of the Immigration Control Act.

hereinafter referred to as 'the revocation of status of stay in this case'

(2) The Defendant also ordered the Plaintiff to voluntarily depart from the Republic of Korea until May 20, 2017 pursuant to Articles 7(1), 46(1)1, and 68(1)1 of the Immigration Control Act on the same day.

hereinafter referred to as "the case."

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