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(영문) 전주지방법원 2015.08.19 2015구합520
강제퇴거명령취소
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, a foreigner of Vietnam’s nationality, entered the Republic of Korea on November 4, 2014 with the status of seafarer employment status (E-10).

B. On November 25, 2014, the Plaintiff left a place of business without permission on November 25, 2014 while waiting on the ground after having been engaged in the maritime operation for 2-day 3 days on board B and leaving the place of business.

Accordingly, on November 27, 2014, the representative C, the Plaintiff’s employer, filed a report on the occurrence of a change in employment of a foreigner on the grounds that the employment contract was terminated by mutual agreement with the Immigration Office.

C. On January 14, 2015, while the Plaintiff had been illegally employed at the construction site, etc. of Jeollabuk-do, the Plaintiff was discovered from the Defendant on January 14, 2015, with 13 illegal aliens in Vietnam from the Defendant at the Dump of Jeonbuk-gun.

At the time of the crackdown on January 14, 2015, the Plaintiff presented an alien registration certificate of Dong E, who enters the Republic of Korea as a seafarer employment status in order to conceal his/her identity, who is demanded by the employee of the Defendant to present his/her identification card, and even if he/she is subject to an additional investigation, he/she used the identity of Dong E.

On January 15, 2015, the Defendant issued a deportation order (hereinafter “instant disposition”) pursuant to Articles 46(1)3 and 11(1)3 and 4 of the Immigration Control Act on the ground that the Plaintiff violated Articles 33-2 and 27 of the Immigration Control Act.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is an excellent seafarer working in Taiwan, and it is not easy for the plaintiff to seek a skilled foreign seafarer, and the plaintiff wishes to return to the existing employment vessel and return to the existing employment vessel, B also wanting to use the plaintiff and return to work again, and work as a seafarer in Korea for three years.

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