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(영문) 서울행정법원 2018.11.20 2018구단56391
강제퇴거명령취소
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 an overseas Korean of Chinese nationality, entered the Republic of Korea with a passport issued in the name of "A (A, B)" on September 12, 2005 with a short-term sojourn status (C-2), and was staying in the Republic of Korea for a period of 30 days, and was staying in the Republic of Korea for an excessive period of 30 days, and was staying in the Republic of Korea on December 21, 2005.

B. In around 2008, the Plaintiff paid 30,000 People's Republic of China's passport Brazil, purchased a forged passport in the name of Chinese Government stated as the issuance to C (C and D). On August 14, 2008, the Plaintiff entered and stayed in the Republic of Korea with the status of stay (F-2) in the name of C (C and D) with a passport issued under the name of C (C and D) on August 14, 2008, and entered the Republic of Korea using another person's passport, and it was discovered that the Plaintiff entered the Republic of Korea on August 9, 2010, and left the Republic of Korea after receiving a deportation order under the name of A (A and B) that the Plaintiff

C. On August 8, 2016, the Plaintiff entered the Republic of Korea with a passport issued under the name of “C” (C-3) and repeated entry into and departure from the Republic of Korea on several occasions as follows. On December 24, 2017, the Plaintiff entered the Republic of Korea with a short-term visit sojourn status, and applied for a change of status in the qualification of overseas Koreans (F-4) to the Defendant. The Defendant discovered the Plaintiff as an unclaimed person during the examination process, and then, on February 2, 2018, issued a deportation order against the Plaintiff pursuant to Articles 7(1) and 46(1)1 of the Immigration Control Act.

(C-3) On November 2, 2016, the date of departure from the Republic of Korea on August 8, 2016 (hereinafter “instant disposition”). The short-term visit (C-3) on November 2, 2016 on the date of departure from the Republic of Korea on the date of November 1, 2016, and the fact that the short-term visit (C-3) on January 19, 2017 on April 14, 2017 (C-3) 4 April 14, 2017, short-term visits (C-3) on April 14, 2017 (C-3) 5 on July 6, 2017 (C-5) 5 on the short-term visit (C-5) on July 6, 2017; the purport of the short-term visit (C-6) on September 27, 2017 through 2017; the purport of the short-term visit (3-1273) /314.7.

2. The instant disposition is lawful.

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