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(영문) 수원지방법원 2017.02.15 2016구단3141
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 2016, when the Plaintiff was staying in the Republic of Korea with a foreign nationality Korean certificate (F-4-27) visa of the People's Republic of China, the Defendant issued an order for departure on November 25, 2016 to the Plaintiff to depart from the Republic of Korea until December 24, 2016, on the grounds that the Defendant was convicted of two years of suspended execution due to the Suwon District Court's crime of injury, damage to property, and damage to property.

(hereinafter “Disposition in this case”). 【No dispute exists on the ground of recognition, Gap 1, 2, and Eul 1 through 4, the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unreasonable to regard the plaintiff as a subject of compulsory departure on the ground that the plaintiff suffered from the continuous disregard and harassment of the victim, who is a workplace employee, was faced with the victim's constant neglect and harassment, and assaulted the victim. It is unreasonable to regard the plaintiff as a subject of compulsory departure on the ground that the plaintiff was subject to the suspension of execution. The plaintiff did not have any previous conviction prior to the crime of this case, and cannot be deemed as an excessive anti-social crime in light of the motive for the crime of this case and the degree of damage, and the livelihood base prepared in the Republic of Korea during the last one year when the plaintiff left the Republic of Korea is likely to collapse upon the plaintiff's departure.

(b) The attached Form of relevant statutes is as follows.

C. The immigration control administration 1 ought to be strictly controlled because of the national administrative action aimed at promoting national interest and safety by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea and the stay of foreigners.

In addition, considering the administrative purpose and characteristics of immigration control administration, including the form, language, and system of each subparagraph of Article 46 (1) of the Immigration Control Act and Article 68 (1) 1 of the Immigration Control Act, to achieve through departure order.

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