1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is an alien of U.S. nationality, who entered the Republic of Korea with the status of sojourn for the revolving map (E-2) on March 16, 2012, and thereafter is changed to the status of stay for overseas Koreans (F-4) on August 23, 2012.

B. On February 28, 2015, the Plaintiff inhaled marijuana in his/her residence, and delivered approximately 1g of marijuana to another person without compensation.

"Abscked as criminal facts and sentenced to a fine of 4 million won and a surcharge of 150,000 won at the Seoul Central District Court on August 26, 2015, which became final and conclusive on September 3, 2015.

(Seoul Central District Court 2015Kadan3356). (c)

Accordingly, on September 10, 2015, based on Articles 68(1)1 and 46(1)3 of the Immigration Control Act, the Defendant ordered the Plaintiff to voluntarily leave the Republic of Korea until October 10, 2015 (hereinafter the instant disposition) on the ground that the Plaintiff’s intent of voluntary departure was revealed.

[Ground of recognition] Facts without dispute, Gap 2, 3, Eul 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff inhaled marijuana, the Plaintiff voluntarily surrendered, and there was no criminal history of the same kind of crime, the Plaintiff’s mother was punished by a fine upon recognition of these circumstances, the Plaintiff’s mother is suffering from cancer in Korea, and the Plaintiff’s workplace life and scheduled to marry, etc., the instant disposition is very serious to infringe upon the Plaintiff’s private interest that may incur due to the violation of the principle of proportionality, and thus, the instant disposition is an unlawful violation of the principle of proportionality and abuse of discretionary power.

B. In full view of Article 68(1)1, Article 46(1)3, and Article 11(1)1, 3, and 4 of the Immigration Control Act, “a patient with infectious diseases, narcotics addicts, and other persons deemed likely to cause harm to public health” and “a person deemed likely to cause harm to the interest of the Republic of Korea or public safety.”