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(영문) 수원지방법원 2016.08.17 2016구단7075
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 18, 2016, the Plaintiff was convicted of a fine of KRW 5 million due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. while residing in the Republic of Korea as a shipbuilding of the People’s Republic of China’s nationality as an overseas Korean visa (F-4), etc., the Plaintiff issued a departure order to the Plaintiff on March 2, 2016 to leave the Republic of Korea by March 30, 2016.

(hereinafter “Disposition in this case”). [No dispute exists on the ground of recognition], Gap evidence Nos. 1, 11 (including additional number), Eul evidence No. 1, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was running a hospital after graduating from the Korean medicine department in China around 1998, and entered the Republic of Korea on or around 2007 after receiving visiting workers (H-2). After being changed the status of stay to an overseas Korean visa (F-4), the Plaintiff’s business registration was conducted in the Mapo-si Port (hereinafter “instant establishment”) around August 2015, and was convicted of the said act of arranging sexual traffic by the court under suspicion of the said act of arranging sexual traffic.

However, the business place operated by the Plaintiff was a sound business place, not a retirement office. Although the Plaintiff did not arrange sexual traffic, C, which is an employee of the Plaintiff, did not go to the police's naval control (sexual purchase proposal) on the date of crackdown and did not fit without the Plaintiff. If the Plaintiff departs from the Republic of Korea due to the instant disposition, it would lose the basis of all the basis of living for more than nine years in the Republic of Korea and incur a lot of financial loss. Thus, the instant disposition is excessively harsh to the Plaintiff, thereby abusing the scope of discretion.

(b) The attached Form of relevant statutes is as follows.

C. Determination 1-related legal principles and immigration control administration are particularly entry into and departure from the Republic of Korea to ensure the national interest and safety by properly controlling and coordinating the entry into and departure from the Republic of Korea of foreigners.

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