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(영문) 의정부지방법원 2018.04.19 2018구합12775
강제퇴거명령 및 보호명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 18, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on May 18, 2010, and applied for refugee status to the Seoul Immigration Office on March 18, 2015, but was subject to the disposition of refugee non-approval on March 31, 2015.

B. On March 6, 2017, the Plaintiff applied for the extension of the period of stay at the Dongwon Immigration Office’s Pyeongtaek Branch. However, on March 17, 2017, the Plaintiff was dismissed on the ground that the Plaintiff constitutes an abused refugee applicant, and the order of departure ordering the Plaintiff to leave the Republic of Korea by March 31, 2017 is issued.

C. The Plaintiff filed a lawsuit seeking the revocation of the above refugee non-approval disposition with the Seoul Administrative Court 2017Gudan7743, but the judgment dismissing the Plaintiff’s claim was rendered on May 17, 2017, and the said judgment became final and conclusive around that time.

On February 27, 2018, the Plaintiff filed a refugee application with the Defendant on February 27, 2018. On February 27, 2018, the Defendant, upon receipt of the application, submitted the lawsuit under Article 46(1)3, 8, 11(1)3 and 4, 17(1), 51, and 63 of the Immigration Control Act against the Plaintiff on February 27, 2018, based on Articles 46(1)3 and 11(1)3, 11(3), 17(1), 51, and 63 of the Immigration Control Act against the Plaintiff.

The disposition was taken.

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

2. Whether the pertinent deportation order and the protective order are lawful

A. The Plaintiff’s assertion that the deportation order of this case was unlawful as it deviates from and abused discretionary power for the following reasons, and the disposition of this case’s protection order based on this premise is also unlawful.

1) During the review period for application for refugee status, the Convention Relating to the Status of Refugees that the stay in that country should be allowed (hereinafter “Refugee Convention”).

In accordance with the provisions of the Refugee Act, the plaintiff applies for refugee status.

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