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(영문) 의정부지방법원 2016.05.04 2015구단5366
강제퇴거명령취소
Text

The Defendant’s disposition of deportation order issued to the Plaintiff on January 21, 2015 is revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details of the disposition;

A. On January 23, 2007, while having repeated entry and departure from the Republic of Pakistan, the Plaintiff established “B” by investing USD 50,000 in the short-term sojourn status (C-2) and is staying in the Republic of Korea after changing the status of business investment (D-8) on April 27, 2007.

B. On October 24, 2011, the Defendant: (a) rejected an application for the extension of the sojourn period on January 21, 2015; (b) issued a deportation order against the Plaintiff on the ground that the Plaintiff provided a forged ID passport and a false invitation letter to the Pakistan who is difficult to enter the Republic of Korea; and (c) arranged the Plaintiff to file an application for visa on two occasions; and (d) issued a deportation order against the Plaintiff.

(hereinafter “Disposition in this case”. The Defendant alleged that the Plaintiff had committed an attempted attempt to enter the two persons other than those invited on July 2009, but did not constitute a ground for the disposition in this case. However, the Defendant did not make a determination as to the ground for the disposition in this case) / [this ground for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 1 and 2, and the purport of the entire pleadings as a whole.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not have committed a crime that the defendant committed as the ground for the disposition of this case, and even if the crime was committed, the disposition of this case is an unlawful disposition that deviates from discretion and abused.

(b) No person shall engage in any of the following conduct to allow a foreigner to enter the Republic of Korea:

1. Inviting an alien by fraudulent means, such as a false statement or false fidelity guarantee, or arranging such invitation;

2. Making a false application for a visa or a visa issuance certificate, or mediating such application, Article 46 (Persons subject to Deportation) (1) The head of a Regional Immigration Service shall make any of the following foreigners in accordance with the procedures prescribed in this Chapter:

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