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(영문) 서울행정법원 2016.01.14 2015구단15139
출국명령처분취소
Text

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. The Plaintiff, a foreigner of the People’s Republic of China’s Republic of China, entered the Republic of China as a foreigner with the qualification for visiting employment (H-2) on October 6, 2007, and was changed to the qualification of overseas Koreans (F-4) on September 10, 2012, and stayed in the Republic of Korea.

B. The defendant is next to the plaintiff.

On August 29, 2015, the date when the period of stay expires, the following facts were confirmed: (a) the Plaintiff’s stay in the Republic of Korea was confirmed; and (b) the Plaintiff considered that the Plaintiff constitutes a person subject to the prohibition of entry prescribed in Article 11(1)3 of the Immigration Control Act; and (c) issued a disposition ordering the Plaintiff to depart from the Republic of Korea by October 1, 2015 (hereinafter “instant disposition”) pursuant to Article 46(1)3 of the Immigration Control Act, on September 1, 2015.

C. On August 27, 2010, the Plaintiff was issued a summary order to the effect that he/she transferred his/her deposit passbook, cash card, etc. to another person by the Seoul Eastern District Court, which constitutes an offense in violation of the Electronic Financial Transactions Act. (2) On September 4, 2012, the Plaintiff was sentenced to the suspension of indictment for an offense in violation of the Electronic Financial Transactions Act with the content that he/she transferred his/her deposit passbook, cash card, etc. to another person.

3) On April 2, 2015, the Plaintiff was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a crime of injury by collective weapon, etc.) with the content that he/she was injured in the face of the other party as a dangerous thing while being drunk in the Seoul Southern District Court, and was sentenced to imprisonment with prison labor for a period of one year and six months and two years of suspended execution. [In the absence of any dispute over grounds for recognition, the Plaintiff was sentenced to imprisonment with prison labor for a violation of the said Act (a crime of injury by collective weapon, etc.) and for a period of two years of suspended execution.]

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a 10-year residence after the plaintiff entered the Republic of Korea as a ship yard.

On December 13, 2014, the Plaintiff is at a alumni meeting.

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