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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. On August 4, 2008, the Plaintiff entered the Republic of Korea as a Chinese national, and stayed until July 21, 2013, and left the Republic of Korea, and thereafter entered the Republic of Korea on January 26, 2015 with a short-term stay status (C-3) on a short-term visit (C-3-8) on September 29, 2015, and applied for a change of the status of stay to an overseas Korean (F-4) on October 7, 2015.
B. On February 22, 2011, the Defendant issued an order for departure by applying Article 68(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (hereinafter “instant crime”), and confirmed the fact that a fine of five million won has become final and conclusive around that time, and made it possible for the Plaintiff to be subject to deportation under Articles 11(1)3 and 46(1)3 of the Immigration Control Act, but is Korean Chinese Chinese nationals, taking into account the fact that the Plaintiff was voluntarily present and voluntarily present and submitted a written oath for departure, the Defendant issued an order for departure by applying Article 68(1)1 of the same Act on November 26, 2015.
C. The Plaintiff filed an administrative appeal against it, but was dismissed on March 25, 2016.
[Ground of recognition] Evidence No. 1, No. 9, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s criminal record of the Plaintiff’s assertion is only one time, for which five years have elapsed since his entry into the Republic of Korea on February 28, 2015, and no crime has been committed up to the present day. The Plaintiff satisfied the qualification requirements for sojourn status of overseas Koreans, such as obtaining national technical qualification certificates of laundry technician on October 5, 2015. The Plaintiff reflects the instant crime in depth and paid a fine in full, and the Plaintiff is responsible for the livelihood of his/her family members, such as parents, wife, and children, in China. However, it is difficult for his/her family to live when leaving the Republic of Korea due to the order of departure from the Republic of Korea.