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(영문) 인천지방법원 2019.07.09 2019구단50455
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 24, 2013, the Plaintiff married with nationals B (C) of the Republic of Korea on June 24, 2013, and, on March 22, 2014, entered the Republic of Korea and stayed in the Republic of Korea as married immigrants (F-1), and gave birth to E between D and B.

B. On June 20, 2018, the Plaintiff: (a) franced a hysium from the Pyeongtaek F (the age of 66) with a hysium with a hysium; and (b) hysium with a hysium “hysium hysium” (the hysium removal purpose) with a hysium in a low fysium hysium, thereby causing injury to F, such as disguised salt with which the number of treatment days cannot be known to F.

On December 20, 2018, the Plaintiff was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended sentence due to an injury by the Incheon District Court (2018 Highest 7907), and the said judgment became final and conclusive around that time.

C. On October 11, 2018, the Plaintiff married with B, and agreed that he/she has parental authority and custody rights of his/her father and wife E. D.

On January 17, 2019, the Defendant issued an order for departure (hereinafter referred to as “instant disposition”) to order the Plaintiff to depart from the Republic of Korea by February 16, 2019, by applying Article 68(1)1 of the Immigration Control Act, after having been subject to criminal punishment as above, determined that the Plaintiff constitutes subject to deportation under Articles 46 subparag. 3, 13, and 11(1)3 and 4 of the Immigration Control Act.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 10 evidence, Eul evidence 1 to 3 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1 non-existence of the grounds for disposition and suspended execution are not "the person who was sentenced to a suspended sentence and was released after being sentenced to imprisonment without prison labor or heavier punishment" under Article 46 (1) 13 of the Immigration Control Act, and it does not constitute "the person who was released after being sentenced to imprisonment without prison labor or heavier punishment" under Article 46 (1) 13 of the Immigration Control Act, and the plaintiff is not a foreigner with anti-sociality, and thus does not fall under Article 1

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