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(영문) 서울행정법원 2016.11.11 2016구단58171
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 February 1, 1982, the Plaintiff was living in the Republic of Korea and entered the Republic of Korea on July 31, 199 as a person who acquired the U.S. nationality on March 9, 2009, and entered the Republic of Korea on July 11, 2009, after obtaining permission for extension of the period of sojourn two times after entering the Republic of Korea on July 11, 2009.

B. From November 29, 201 to February 2, 2013, the Plaintiff, a non-profit organization of the United States, purchased 4,7640,00 won to sales slabs, and purchased 35,000,000 won from the date of the SAT test to May 2, 2013, provided that the Plaintiff’s reproduction and distribution of the author’s property rights to the students of the private teaching institute operated by the Plaintiff and infringed upon the purpose of profit-making by providing the participants of the private teaching institute, and deposited the sales proceeds from the place of the said release to the sales slabs, and used 30,000 resident registration numbers of other persons received from the said Brazil, and used 30,000,000 won to deny the resident registration numbers of other persons.

(hereinafter “instant crime”). C.

On June 1, 2016, the Plaintiff was sentenced by the Seoul Central District Court to a fine of KRW 6 million for violating the Copyright Act and the Resident Registration Act with respect to the instant crime, and the said judgment became final and conclusive around that time.

On June 30, 2016, the Defendant ordered the Plaintiff to leave the Republic of Korea until July 30, 2016 based on Articles 11(1)3 and 4, 46(1)3, and 68(1)1 of the Immigration Control Act on the ground that the instant crime was discovered and the Plaintiff expressed his/her intention to voluntarily leave the Republic of Korea.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [In the absence of dispute, each entry in Gap 1, 4, 8, and Eul 1 through 4 (including virtual numbers), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On June 30, 2016, the Plaintiff’s assertion 1 is being present at the Seoul Immigration Office and investigated.

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