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(영문) 의정부지방법원 2015.07.13 2015구단101
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, as a male of the national of Bangladesh, was issued a departure order on July 24, 2001 while holding a passport in the name of B (B and C) on August 20, 1996 and entering the Republic of Korea for sojourn B-1 (Visa exemption) and three months of sojourn period and four years and eight months of stay.

B. On August 25, 2001, the Plaintiff had a passport issued under the name A (A) as of August 25, 2001 and entered into and departing from the Republic of Korea for six occasions on six occasions after entry into the country as a visa exemption eligibility. On March 1, 2003, the Plaintiff entered the country as a short-term visit (C-3) on March 1, 2003, and obtained a modified license as a corporate investment (D-8) qualification on March 4, 2003. Since then, the Plaintiff continued to grant a grace period until December 4, 2015 every year.

C. On January 7, 2015, the Defendant issued an order for departure pursuant to Articles 7(1) and 68(1) of the Immigration Control Act to the Plaintiff on January 7, 2015, after receiving information about the Plaintiff and conducting an investigation.

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] without dispute, Gap evidence 1 to 3, Eul evidence 3 and 4 (including each number; hereinafter the same shall apply) respectively, and the whole purport of oral argument

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The procedural illegality at the time of the instant disposition does not stipulate at all the grounds for departure order in the written order of departure order at the time of the instant disposition, and the relevant provisions of the Immigration Control Act stipulate Article 7(1) of the Immigration Control Act and Articles 7(1) and 68(1) of the same Act as applicable provisions of the Act, and the instant disposition is unlawful since the Plaintiff did not undergo the hearing procedures. (2) The instant disposition is unlawful since the Plaintiff entered the Republic of Korea with a valid passport stating the absence of real personal information, and is still staying

The plaintiff who violated the principle of abuse of discretion and protection of trust is operating a travel business and food service since 2003, and has given birth to the child by marriage, making efforts to settle and live in the Republic of Korea.

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