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(영문) 대구지방법원 2014.07.18 2014구합20300
강제퇴거명령 및 보호명령 취소 청구의소
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 entered the Republic of Korea on January 19, 2005 with the status of business investment (D-8) sojourn (D-8), and registered as a foreigner by having a C company located in Daegu Northern-gu B as the place of stay on April 26, 2005, and thereafter having extended the period of stay every one year (the expiration date of the period of stay: September 16, 2013).

B. On February 11, 2014, the Defendant issued a deportation order pursuant to Article 46(1)3 of the Immigration Control Act (hereinafter “instant deportation order”) to the Plaintiff on the ground that there exist grounds prescribed in Article 11(1) of the same Act, and issued the protection order pursuant to Articles 51 and 63 of the same Act (hereinafter “instant protection order”) on the same day.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 3, Eul's 5 and 9, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s assertion does not have any record of criminal punishment other than a fine of KRW 500,00,000 and KRW 300,000,000 in around 2009. The Plaintiff’s sexual assault cases involving female employees of the Plaintiff did not take a disposition of non-prosecution due to planned access by the Plaintiff using that female employee is a foreigner. The Plaintiff’s sexual intercourse is not established against the Plaintiff. The Plaintiff’s protocol of examination of the Plaintiff’s interrogation cannot be readily concluded that the Plaintiff raped or forced indecent act by force. The Plaintiff married with E in Korea around 2007. The Plaintiff was married with E in Korea and 1 South Korea. The son, who is a son, must work for a school until June 2014, when she was enrolled in H school. The son, who is a son, is currently attending K Research Institute, and the son, who is a son, is currently working for a used school in Korea for 2009-209.

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