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(영문) 서울고등법원 2019.11.22 2019누35390
입국불허처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance was presented to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as set forth in the following paragraph (2). Thus, the reasoning of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. On the 4th page of the judgment of the court of first instance, the phrase “current” in the 15th page shall be changed to “at the time of the instant disposition.”

The 4th sentence of the first instance judgment, the 19th to 5th sentence, shall be followed as follows.

“2) In light of the facts acknowledged by the first instance court as to whether a discretionary authority has been exceeded or abused, the evidence adopted by the first instance court, and the following circumstances acknowledged by the evidence No. 14 and the purport of the entire pleadings, it cannot be deemed that the instant disposition was an abuse of discretionary authority, in full view of the circumstances cited by the Plaintiff and the evidence submitted by the Plaintiff at the first instance and the trial.

The plaintiff's assertion on this part is without merit.

The immigration control administration is a national administration to ensure the national interest and safety by properly controlling and coordinating the entry and departure of foreigners in Korea and foreigners, and specifically examining the entry and departure of foreigners in Korea and foreigners, and performing the functions of fairly regulating entry and departure of foreigners, extending the period of stay of foreigners, or denying entry or sojourn. Of the immigration control matters, matters concerning entry of foreigners, especially those concerning entry of foreigners, are necessary to perform the functions as sovereign states, and are within the area where a wide range of policy discretion is given.

Therefore, whether or not entry permission is granted to the plaintiff who is a foreigner.

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