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(영문) 서울행정법원 2015.12.30 2015구단56475
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, 200, the Plaintiff, a national of the People's Republic of China, entered the Republic of China after obtaining the status of stay for short-term visit (C-3) with a passport issued under the name of B (B), and thereafter, left the country on March 23, 2005 after obtaining the qualification for non-professional employment (E-9) and obtaining the qualification for non-professional employment (E-9) on October 15, 2005, while staying in the country even after the expiration of the period of stay.

B. On July 8, 2005, the Plaintiff filed a marriage report with C who is a national of the Republic of Korea and on February 1, 2006, and returned to the Republic of Korea upon obtaining the status of stay (F-2) with a passport in the name of D (F-2) and entered into and departing from the Republic of Korea several times, and stayed on March 28, 2014.

(The identification mark of the plaintiff was changed to F-6 by the revision of the Enforcement Decree of the Immigration Control Act.

On May 6, 2015, the Defendant ordered the Plaintiff to depart until June 5, 2015, pursuant to Articles 68(1)1, 46(1)1, and 7(1) of the Immigration Control Act on the ground that the Plaintiff concealed the past personal information of the Plaintiff entering the Republic of Korea using another passport and entered the Republic of Korea with a visa issued as his/her spouse qualification.

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap 1, 3, and 4, Eul 1, 3, 4, 5, 7, and 8 (including provisional numbers), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion that he was married to a citizen of the Republic of Korea, it was an issue of past behavior, and the instant disposition was excessively harsh and abused discretion.

B. In full view of the form and text of the provisions of Articles 68(1)1, 46(1)1, and 7(1) of the Immigration Control Act, and the contents and characteristics of the order of departure, the administrative agency shall against the person subject to the order of departure.

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