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(영문) 서울행정법원 2014.07.03 2014구합2355
출국명령처분취소
Text

1. The Defendant’s disposition of ordering departure against the Plaintiff on December 26, 2013 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, who was a national of the People's Republic of China (hereinafter referred to as "China"), entered the Republic of Korea on June 20, 2005, and was staying in the Republic of Korea on December 15, 2006 at the expiration of the period of sojourn. On November 8, 2007, when entering and staying in the Republic of Korea as the sojourn status for visiting employment (H-2) on October 27, 2012, and entered and staying in the Republic of Korea on several short-term visas, and entered and staying in the Republic of Korea again as the sojourn status for visiting employment (H-2) on December 11, 2013.

B. On May 12, 2011, the Plaintiff received a summary order of KRW 300,000 (Seoul Southern District Court Decision 201Da7039), and ② received a summary order of KRW 500,000 as a fine on August 19, 201, due to the fact that he/she gambling on May 12, 201 (Seoul Southern District Court Decision 201Da7039), and ② received a summary order of KRW 50,000 on August 19, 201 (Seoul Southern District Court Decision 201Da13283) (Seoul Southern District Court Decision 201Da13283). ③ A summary order of KRW 70,000 on October 11, 201.

(Seoul Southern District Court 2012 High Court 20187). (c)

On December 26, 2013, the Defendant ordered the Plaintiff to depart from the Republic of Korea by January 25, 2014 (hereinafter “instant departure order”), and the written departure order issued at the time stated that “I will order the said person to depart from the Republic of Korea in accordance with Article 68(1) of the Immigration Control Act without any specific reasons.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Even if the disposition of this case is lawful, it shall be deemed that the Administrative Procedures Act applies in principle, except where it is difficult to undergo administrative procedures due to its nature or it requires unnecessary dispositions or procedures equivalent to administrative procedures. ① The Defendant did not specify the reasons for the disposition in the written order for departure of this case.

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