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(영문) 제주지방법원 2020.01.08 2019구합150
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 22, 2018, the Plaintiff, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea as a sojourn status of tourism and Tong (B-2-2) with one month period of stay, and applied for refugee status on November 30, 2018.

B. On December 11, 2018, the Defendant issued an order for departure on March 11, 2019, setting the departure deadline pursuant to Articles 24(1) and 68 of the Immigration Control Act on the ground that the Plaintiff had been subject to permission for change of status of stay after expiration of the period of stay (by October 22, 2018), on the ground that he/she had illegally stayed until November 30, 2018 without permission for change of status of stay.

(hereinafter “instant disposition”). The Defendant extended the departure period of the instant disposition on December 6, 2019 in accordance with the guidelines for refugee status screening, treatment, and stay, which had to postpone the departure period until the time limit for examining the application for refugee status.

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The defendant's main purport of the defendant's main defense is that the plaintiff already left the Republic of Korea and achieved its purpose, so there is no legal interest in seeking revocation of the disposition of this case to the plaintiff.

B. According to the evidence No. 1) No. 2, the Plaintiff’s voluntary departure on September 6, 2019 after receiving the instant disposition on April 14, 2017. According to the above facts, the Plaintiff voluntarily left the Republic of Korea in accordance with the instant disposition, and thus, the Plaintiff’s legal interest to seek revocation of the instant disposition was extinguished as the legal effect became extinct as it achieved the purpose of the instant disposition. (ii) Accordingly, the instant lawsuit is unlawful.

3. Conclusion, the instant lawsuit is unlawful and dismissed.

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