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(영문) 서울행정법원 2018.11.28 2018구단54265
강제퇴거 및 보호처분 취소 청구
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. On January 5, 2009, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as the “Pakic Republic”) as a foreigner with the nationality of the Islamic Republic of Pakistan, and entered the Republic of Korea as a short-term visit (C-2) sojourn status on February 12, 2009, and stayed in the Republic of Korea upon obtaining permission to change the status of stay for corporate investment (D-8) on February 12, 2009.

- The ground for deportation order - the entry of the Republic of Korea using a false passport on November 27, 1998 (2) on April 29, 2001 (3) the entry of the Republic of Korea without a valid visa issued by the Minister of Justice on April 2, 2003 (4) the entry of the Republic of Korea without a valid visa issued by the Minister of Justice on June 11, 2003

C. On January 24, 2018, the Defendant issued a protective order by setting the protection period pursuant to Articles 51(1) and 63(1) of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same) as “from January 23, 2018 to the date of repatriation” pursuant to Article 46(1)4 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same) on the following grounds:

The protection order of this case is "the protection order of this case", and the disposition of this case is "the disposition of this case" in combination with the above compulsory deportation order.

(i) 【Fact-finding without dispute over the grounds for recognition, Gap’s evidence 1 through 22, 25 through 28, Eul’s evidence 1 through 6, 8, 10 through 14, 18 through 21, and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1: (a) invested KRW 300 million after entering the Republic of Korea on January 5, 2009; and (b) operated Company B, a used car exporter, and paid taxes in good faith; and (c) when the Plaintiff left the Republic of Korea in accordance with the instant deportation order, the Plaintiff left the Republic of Korea.

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