1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff, a Korean Chinese national of the People's Republic of China, entered the Republic of Korea on October 7, 2003 as a technical training (D-3) sojourn status, and went into the Republic of Korea on May 24, 2005 pursuant to the Voluntary Return Program while illegal stay, and re-enters the Republic of Korea on June 23, 2006 as a sojourn status of visit movement (F-1) sojourn status.

After that, on June 25, 2007, the Plaintiff changed the status of stay to the qualification for visiting employment (H-2) on the ground that he/she married with B on March 8, 2010, but changed the status of stay to the qualification for marriage immigration (F-6) on the ground that he/she married with B on May 15, 2010.

On October 14, 2015, the Plaintiff was sentenced to a fine of KRW 700,00 to a police officer’s lawful performance of duties on the handling of a police officer’s report (hereinafter “instant crime”) for the criminal facts, such as taking a bath, spiting, spiting, etc. at the Suwon District Court’s Ansan Branch on August 25, 2015, which read as “ around 00:45, the victim C was on board a DNA taxi affiliated with the sexual traffic, which was operated by the victim C, and assault the victim, and around August 25, 2015, at the Ebox around 01:30, the instant judgment was finalized on May 12, 2016.”

On December 12, 2016, the Defendant issued a departure order ordering the Plaintiff to voluntarily depart from the Republic of Korea by January 11, 2017 (hereinafter “instant disposition”) pursuant to Articles 68(1)1, 11(1)3 and 11(1)4 of the Immigration Control Act.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, and Eul's evidence Nos. 1 through 4, and the purport of the whole pleadings, the plaintiff's assertion of legitimacy of the disposition of this case was agreed with the victim, and the degree of damage was relatively minor, the plaintiff committed the crime of this case in the state of social exploitation, and the plaintiff's wife and three children are living in the Republic of Korea as a citizen of the Republic of Korea, the disposition of this case is unlawful since they are abuse of discretion.

Judgment

1. Immigration administration shall be the entry and departure of foreigners in the Republic of Korea.