1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff entered the Republic of Korea on August 6, 1993 and left the Republic of Korea on August 25, 1993, as a man of Chinese nationality in 1951.

On February 19, 2002, the Plaintiff entered a short-term visit (C-3) visa as a status B (C-3), and left the Republic of Korea upon obtaining a departure order on May 28, 2003, when the alteration of status of stay was permitted on March 7, 2002 as a national D (E) relative, and obtained a departure order on July 24, 2003, when the period of stay expires.

Meanwhile, the Plaintiff’s wife F entered the Republic of Korea with the Plaintiff by using the status of G (H) entered as the Plaintiff’s spouse on the documents at the time, and obtained the Plaintiff’s eligibility for overseas Koreans (F-4) after entering Korea with D’s relative disguisedly. However, on March 29, 2015, after having voluntarily reported the non-existence of identity on March 29, 2015, he/she left the Republic of Korea after obtaining a departure order and stays in the Republic

On March 5, 2005, the Plaintiff entered the visa on a short-term visit (C-3) and repeated entry into and departure from the country several times on several occasions. On January 31, 201, the Plaintiff obtained permission to change the status of stay as an overseas Korean (F-4) and applied for the acquisition of nationality to the Republic of Korea on September 2, 2016, but it was found that the Plaintiff illegally entered the status B.

On November 22, 2017, the head of Incheon Immigration Office confirmed that the Plaintiff is subject to deportation pursuant to Article 7(1), Article 11(1)3, and Article 11(1)4 of the Immigration Control Act, and issued an order for departure (hereinafter referred to as “disposition for the order for departure of this case”).

The plaintiff filed a lawsuit with the Incheon District Court to seek the revocation of the instant order for departure (2018Gudan5045) on August 21, 2018, the above court (the plaintiff had been engaged in economic activities in the Republic of Korea since 2005, most of its assets were located in the Republic of Korea, and all families, including wife, children, and grandchildren, are engaged in economic activities in the Republic of Korea, and currently are rare diseases as older than 68 years old, and continued to be from medical personnel in the Republic of Korea.