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Reasons
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(영문) 서울고등법원 2016.06.24 2015누51097
출국명령처분취소
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1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of departure order issued against the Plaintiff on January 7, 2015 shall be revoked.

3...

Reasons

1. Reasons for the judgment of the court of first instance with regard to this case shall be stated by the court of first instance.

C. In light of the forms, structure, and language of Articles 46(1)1 and 7(1) of the Immigration Control Act providing that “Any foreigner who enters the Republic of Korea shall have a valid passport and a visa issued by the Minister of Justice, and any foreigner who has entered the Republic of Korea may be forced to leave the Republic of Korea shall be forced to leave the Republic of Korea,” it is reasonable to deem that the instant disposition made by the Defendant against the Plaintiff is a discretionary act, in light of the form, structure, and language of Articles 46(1)1 and 7(1) of the Immigration Control Act providing that “Any foreigner who enters the Republic of Korea shall be forced to leave the Republic of Korea, and any foreigner who has entered the Republic of Korea may be forced to leave the Republic of Korea.”

However, considering the following facts and circumstances, even if Gap evidence Nos. 4 through 29, Gap evidence Nos. 32 through 36, Eul evidence Nos. 1, 4, 6, 8, and 9 and the video as a whole, it is reasonable to view the disposition of this case as unlawful by abusing its discretionary power, since considering the fact that "the Ministry of Justice has implemented the voluntary report system on identity in a limited period from September 17, 2012 to November 30 of the same year and from July 22, 2013 to December 31 of the same year, and the plaintiff did not file a voluntary report during the above period."

① The Plaintiff entered the Republic of Korea using the above name passport is limited to the first entry on August 20, 1996, and the Plaintiff left the Republic of Korea on July 24, 2001 and entered and depart six times on August 25, 2001, and thereafter possessed a valid passport after August 25, 2001.

In addition, the plaintiff entered the Republic of Korea on March 1, 2003 as a short-term visit (C-3) and on March 4, 2003 (D-8).

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