The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. The plaintiff was an overseas Korean of the nationality of the People's Republic of China (hereinafter referred to as "China"), who entered the Republic of Korea on April 3, 2004 with the visit and employment status (H-2) sojourn status changed on March 4, 2008, and filed a complaint from the victim on the grounds of rape and criminal facts of indecent act by compulsion, but was subject to a disposition that the victim did not have the right to institute a prosecution on July 25, 2012 at the office of the Suwon District Public Prosecutor's Office.

After that, on February 17, 2014, the Plaintiff entered the Republic of Korea with the status of stay for visiting employment (H-2) on February 17, 2014 and applied for alien registration to the Defendant on March 17, 2014.

On March 19, 2014, the Defendant issued a deportation order under Articles 11(1)3 and 46(1)3 of the Immigration Control Act (amended by Act No. 12421, Mar. 18, 2014; hereinafter the same) to the Plaintiff on the ground that the Plaintiff was subject to a disposition that he/she was not entitled to prosecution due to rape and indecent act by compulsion, and issued a protection order under Article 63(1) of the Immigration Control Act.

[Reasons for Recognition] Evidence Nos. 1, 3, Eul No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Defendant rendered a disposition against the Plaintiff on the ground that the Plaintiff falls under Articles 46(1)3 and 11(1)4 of the Immigration Control Act and Article 46(1)3 of the Immigration Control Act and Article 11(1)3 of the Immigration Control Act and “a person who is highly likely to engage in any conduct detrimental to the economic or social order or good morals” (Article 46(1)3 and Article 11(1)4 of the Immigration Control Act.

However, Article 46(1)13 of the Immigration Control Act provides that "a person who has been sentenced to imprisonment without prison labor or heavier punishment and has been released for reasons of deportation."