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(영문) 수원지방법원 2017.10.18 2017구단7072
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, as a shipbuilding of the People’s Republic of China’s nationality, entered the Republic of Korea in the capacity of visiting employment (H-2) and stayed in the Republic of Korea as an overseas Korean (F-4), and was finally affirmed on October 14, 2015 by being sentenced to a three-year suspended sentence of imprisonment with prison labor for a crime of causing bodily injury to the performance of official duties from the support of the Daejeon District Court on 1st and June

B. On January 4, 2017, the Defendant ordered the Plaintiff to depart from the Republic of Korea until February 4, 2017 on the ground that the aforementioned conviction became final and conclusive.

(hereinafter “instant disposition”). C.

On January 23, 2017, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on July 18, 2017.

[Ground of recognition] No dispute, Gap 1, 2, Eul 1, 7, and 8

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion had resided in Korea faithfully for about 10 years and had no fact of violation of laws and regulations in the past, that the gold-type production company, a national challengeed, has contributed to the economic development of the Republic of Korea while working for a long time in the gold-type production company, and that the Plaintiff cannot remit living expenses to China, and that the disposition of this case is highly likely to incur damage to the Plaintiff’s family in China since the Plaintiff could not remit his living expenses to China, and that the assault case at issue occurred contingently while under the influence of alcohol and was sentenced to a suspended sentence, the instant disposition is too harsh to

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

C. The immigration control administration 1 ought to be strictly controlled because of the national 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 the stay of foreigners.

In addition, Article 46 (1) of the Immigration Control Act and Article 68 (1) of the Immigration Control Act.

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