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(영문) 서울행정법원 2015.06.18 2015구단50576
강제퇴거명령취소
Text

1. On October 28, 2014, the Defendant’s deportation order and protection order issued against the Plaintiff shall be revoked in entirety.

2...

Reasons

1. Details of recognition and disposition;

A. The Plaintiff entered the Republic of Korea on August 27, 2007, under the pretext that the Plaintiff’s father died and avoid blood transfusion disputes surrounding the succession of a family head after the death of her father, as a child of her husband’s satisfaction B, located in shealy north-dong Mauguri State.

B. On September 5, 2007, the Plaintiff filed an application for refugee on the ground that a person opposing his/her family head succession would kill himself/herself on his/her own, but, upon his/her mother’s opinion on October 11, 2007, the Plaintiff returned to the Republic of Korea on January 1, 2008, according to the recommendation of departure from the Republic of Korea on October 1, 2007.

C. However, around November 2013, the Plaintiff entered the Republic of Korea through the Incheon Port on October 2, 2014 without lawful visa or entry inspection under the Immigration Control Act.

On October 27, 2014, the Plaintiff found Defendant Office and asserted that he/she entered the Republic of Korea without legitimate qualifications and procedures, and that he/she feel a threat of his/her life by attack and intimidation by Bolilar (Booo) an armed religious organization, and applied for refugee status to the Defendant.

E. On the day when the Plaintiff applied for refugee status, the Defendant issued an emergency protection order pursuant to Article 51(3) of the Immigration Control Act (amended by Act No. 12893, Dec. 30, 2014; hereinafter “Act”). On May 28, 2014, on May 28, 2014, the Defendant issued a deportation order (hereinafter “instant deportation order”) pursuant to Articles 11(1)3 and 4, 12(1), and 46(1)3 and 4 of the Act, and a protection order pursuant to Articles 51 and 63 of the Act (hereinafter “instant protection order”).

(hereinafter referred to as “each of the instant dispositions” in combination with the aforementioned deportation order and the protection order. 【Ground of recognition】 Facts without any dispute, Gap’s 1, 2, 4, 5, Eul’s 1 through 3, 5, and 6, the purport of the whole pleadings and arguments

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion is a period of illegal stay.

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