logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.02.05 2014구합13386
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. The plaintiff was a foreigner of the nationality of the People's Republic of China (hereinafter "China"), and entered the Republic of Korea on December 13, 1995 by using a passport issued under the name of "A (B)" and stayed in excess of the period of sojourn. The plaintiff voluntarily reported the illegal stay and left the Republic of Korea on October 12, 2002.

B. The Plaintiff, using a passport issued under the name of “A (C-3)” on June 27, 2005, re-enters the Republic of Korea for a short-term comprehensive (C-3) sojourn status, and completes a marriage report with D (E) who is a national of the Republic of Korea on July 28, 2005, and completed the marriage report with D (E) who is a national of the Republic of Korea on March 29, 2006, as amended by Presidential Decree No. 23274 on November 1, 201, constitutes a marriage immigration (F-6-A) under Article 12 [Attachment Table 1] 28-4.

Status of stay has been modified to stay in the Republic of Korea.

C. On July 26, 2012, the Plaintiff filed an application for naturalization with the Minister of Justice on the ground that he/she is a spouse of D who is a national of the Republic of Korea. In the process of the examination, “the Plaintiff entered the Republic of Korea using a passport issued in the name of A (B) on December 13, 1995, with his/her departure from the Republic of Korea on October 12, 2002, and again entered the Republic of Korea using a passport issued in the name of A (C).”

On June 30, 2014, the Defendant issued a disposition to order the Plaintiff to leave the Republic of Korea until July 30, 2014, taking into account that the Plaintiff was subject to deportation pursuant to Articles 7(1), 11(1), and 46(1)1 of the Immigration Control Act on the ground that the Plaintiff was an identified person (at least two personal information, and entered or departing from the Republic of Korea).

(See Evidence No. 1-1 of A, hereinafter referred to as "the ground for recognition"). / [The grounds for recognition] of the absence of dispute, Gap evidence No. 1-1, Gap evidence No. 2, 6, Eul evidence No. 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

arrow