1. All of the plaintiff's claims are dismissed.

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

Details of the disposition

The plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), enters the Republic of Korea on December 25, 2007 with the status of stay for visiting employment (H-2) and changes the status of stay to the status of stay for overseas Koreans (F-4) on August 16, 2012, and currently stays in the Republic of Korea.

On August 12, 2015, the Plaintiff was indicted for committing a crime violating the Foreign Exchange Transactions Act, and subsequently sentenced to imprisonment with prison labor for not more than 20,000 won and a fine not exceeding 20,000 won for two years from November 10, 2014 to June 23, 2015, for the purpose of remitting the money obtained through the acquisition of KRW 8,50,000 in cash from B to China. The Plaintiff was sentenced to a suspended sentence of imprisonment with prison labor for not more than 20,000 won and a fine not exceeding 20,000,000 won in total from November 13, 2014 to June 23, 2015.

On October 13, 2015, the Defendant: (a) provided emergency protection to the Plaintiff pursuant to Article 51(3) of the Immigration Control Act (hereinafter “Act”); (b) issued a deportation order (hereinafter “instant deportation order”) to the Plaintiff pursuant to Articles 46(1)3, 11(1)3, 11(1)4, and 46(1)13 of the Act on October 14, 2015; and (c) issued a protection order (hereinafter “instant protection order”) to the Plaintiff pursuant to Articles 51 and 63 of the Act.

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap's evidence Nos. 11, 15, 17, 18, 22, Eul's evidence Nos. 1, 3 through 9 (including the number of additional evidence attached) and the whole purport of the pleading, and whether the compulsory departure order disposition and the protective order disposition are legitimate or not, is unconstitutional.