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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 11, 2009, the Plaintiff married with B, who is a national of the Republic of Korea, as a foreigner of Vietnam, and entered the Republic of Korea as the status of stay for marriage immigration (F-6) and stayed.
B. On April 18, 2018, the Plaintiff was issued a summary order of KRW 3 million due to the following crimes of false entry in public electronic records, etc. with the Daejeon District Court Branch Decision 2018 High Court Decision 201Da1722:
On May 2, 2018, the Plaintiff filed an application for formal trial with the Daejeon District Court Branch of the Daejeon District Court (2018 high-level320) on May 2, 2018, but was dismissed on May 11, 2018, and the said judgment became final and conclusive around that time.
On October 28, 2016, the Plaintiff’s office located in Asan City C, and the Plaintiff’s son exercised a false public electronic record by having the public official in charge of the report of birth of the said D office submit a false report of birth to the public official in charge of the report of birth of the said D office, and having the said public official in charge enter the birth in the family relationship registration system, which is a public electronic record, from that time, the said public official preserve the said public electronic record, wherein the false fact was stated, by having the said public official keep the said public electronic record.
C. The Defendant sent the Plaintiff, October 1, 2018.
Based on the facts constituting the crime, etc. under the Immigration Control Act, the order for departure was issued pursuant to Article 11(1)4 and Article 46(1)3 of the Immigration Control Act, etc.
(hereinafter “instant disposition”) D.
On the other hand, the Plaintiff left the Republic of Korea on May 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings
2. The Defendant, as to whether the instant lawsuit is lawful, has voluntarily left the Republic of Korea on May 21, 2019, and there is no legal interest in seeking revocation of the instant disposition to the Plaintiff.
The plaintiff himself on May 21, 2019, when the plaintiff was pending in the lawsuit of this case.