1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff, as a Korean Chinese national of the People's Republic of China, entered the Republic of Korea on May 11, 2017, as a sojourn status for visiting employment (H-2).

On June 22, 2017, the Plaintiff neglected the duty of care to ensure safe work in order to prevent the occurrence of an accident with workers at the construction site or their players, in collaboration with B on May 5, 2016, the Plaintiff was negligent in neglecting the duty of care in order to prevent the occurrence of a work tool or construction material, etc. while on work, while on work, and due to the negligence of neglecting the duty of care to ensure safe work in order to prevent the occurrence of an accident with workers at the construction site or their players. The Plaintiff was sentenced to a suspended sentence of imprisonment without prison labor for up to 20 years for a period of up to 1 meter in length, 5cm in diameter (up to 30 years in diameter), which the Plaintiff left the place near the construction site and caused the Plaintiff to suffer injury to the victim C (up to 30 years in length) who had not opened the construction site for about 6 weeks.

(hereinafter “Related Cases.” On July 3, 2017, the Defendant ordered the Plaintiff to voluntarily depart from the Republic of Korea until August 2, 2017 pursuant to Articles 68(1)1, 46(1)3 and 13, and 11(1)3 and 4 of the Immigration Control Act (hereinafter “instant disposition”).

[Ground of recognition] without dispute, Gap's evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3; Eul's evidence Nos. 1, 2, and 3; and the purport of the whole argument as to the validity of the disposition of this case as a whole, the plaintiff's assertion 1) was indicted for non-detained cases and sentenced to a suspended sentence of imprisonment without prison labor, and does not constitute "person who was released after being sentenced to imprisonment without prison labor or heavier" as provided by Article 46 (1) 13 of the Immigration Control Act. 2) The plaintiff's family members are in the Republic of Korea.