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(영문) 서울고등법원 2018.11.22 2018누58877
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(1) Article 11 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter “Immigration Control Act”) provides for the following: (a) the grounds for appeal filed by the Plaintiff at this court are not significantly different from the allegations in the first instance court; and (b) the first instance court’s rejection of the Plaintiff’s assertion even if all of the evidence submitted at the first instance court were examined, the second instance court’s rejection of the Plaintiff’s assertion is justifiable.

Article 46, Article 46, Article 46, Article 46, Article 46, Article 46, Article 46, Article 46, Paragraph 2, and Article 3 shall be applied to the second and fourth parts of the judgment of the court of first instance.

The 5th and 16th of the first instance judgment [the above case is pending in the appellate court as of the date of appeal by E and F (2018No943)]] of the 5th and 16th of the 1st instance judgment [the appeal by E and F (2018No943) of the Incheon District Court dismissed its appeal on September 12, 2018, and the above judgment became final and conclusive on September 2018] of the 5th and 16th of the 1st instance judgment.]

In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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