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1. The Defendant’s disposition of departure order issued against the Plaintiff on February 3, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff, a Chinese national, entered the Republic of Korea on March 16, 2010 as the status of stay for visiting employment (H-2) and has been staying until now.
B. On March 18, 2011, the Plaintiff received a summary order of KRW 500,00,000 from the Seoul Eastern District Court (Seoul Eastern District Court) on the following grounds: “Around January 20, 201, the Plaintiff did not flickly conflict with one another on the ground that the victim 1 does not flick the way while driving a car, and the victim 1 injured the victim 1 by taking care of the victim 1's face when she walked back flicker of the car, and the said summary order became final and conclusive around that time.
C. On March 16, 2012, at around 22:00, the Plaintiff was convicted of assaulting the victim 2 by generating a car driven by the Defendant at the Donsan 2-dong, Geumcheon-gu, Seoul, Geumcheon-gu, Seoul, by cutting off the car driven by the Defendant, and destroying it on the floor. On April 4, 2012, the Plaintiff was subject to a disposition of “no prosecution right” on the ground that the victim 2 expressed his intention not to prosecute.
On September 1, 2013, around 00:04, the Plaintiff was a grandchild who tried to board a taxi operated by the victim 3, but was able to do so on several occasions on the ground that the victim 3 was able to do so. However, on September 12, 2013, the Plaintiff was subject to a disposition of “no person who was prosecuted” on the ground that the victim 3 expressed his intention of not having been punished.
E. On January 27, 2014, the Plaintiff filed an application for changing the status of stay to the qualification of overseas Koreans (F-4) with the Defendant in the capacity of visiting employment (H-2), but the Defendant: (a) on the ground that the Plaintiff constitutes a person subject to entry prohibition under the guidelines on the Regulation of Entry, etc., on the grounds that the Plaintiff constitutes a person subject to criminal records at least three times within the last five years; and (b) based on Articles 68(1), 46(1)3, and 11(1)3 and 11(1)4 of the Immigration Control Act, the Plaintiff issued an order for departure (hereinafter “instant disposition”) to the Plaintiff on February 3, 2014.
F. The Plaintiff’s parent is currently residing in Korea.