1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons why the court cited the judgment of the court of first instance concerning this case are as follows: “There is no objective material to be recognized, and there is no such disease to the family mother” under the fourth following the fifth below of the judgment of the court of first instance; and, except for addition of the decision on the matters alleged by the plaintiff emphasizing at the court of first instance as set forth in paragraph 2, it is identical to the reasons why the judgment of the court of first instance is based on Articles 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act (which is legitimate of the disposition of this case). Thus, this shall be cited as it is in accordance with

2. Additional determination

A. Although it is true that the Plaintiff’s summary of the Plaintiff’s assertion was subject to criminal punishment due to the obstruction of performance of official duties, it is difficult to view that the instant disposition constitutes a person who may commit an act detrimental to the interest or public safety of the Republic of Korea (Article 11(1)3 of the Immigration Control Act) or a person who has considerable grounds to believe that there is a concern for doing an act detrimental to the interest or public safety of the Republic of Korea, or a person who may commit an act detrimental to the economic order or social order or good morals (Article 11(1)4 of the Immigration Control Act). Thus, the instant disposition is not acknowledged as a ground for such disposition.

B. Determination 1) The relevant legal immigration control administration is a state administrative action aimed at promoting national interest and safety by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea, and in particular, matters concerning the stay of foreigners in the Republic of Korea are essential for performing the functions as a sovereign state. In light of the purpose and purport of such immigration control administration, and the form, structure, and language of the relevant statutes supra, it is reasonable to deem that the issuance of an order for departure to a person subject to an order for departure is an administrative agency’s discretionary act. 2) The reason for disposition is reasonable.