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(영문) 서울고등법원 2016.11.15 2016누51957
출국명령처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition of the judgment of the first instance as follows. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part 7 through 8 of the judgment of the court of first instance are as follows, and Article 68 (1) 1 of the former Immigration Control Act provides that the foreigner who is suspected to be subject to compulsory deportation may depart voluntarily at his/her own expense, and the foreigner who intends to voluntarily depart from the Republic of Korea can depart from the Republic of Korea at his/her own expense. In Chapter 6 of the Immigration Control Act, Article 68 (1) 1 of the former Immigration Control Act provides that the foreigner who is suspected to be subject to compulsory deportation shall be allowed to depart from the Republic of Korea at his/her own expense.

As above, the procedure for compulsory departure, which is the premise for the order of departure, is stipulated in the Immigration Control Act, and urgency is required, and the parties who selected voluntary departure instead of compulsory departure and expressed their intent, are already aware of which they had already received the order of departure for any reason prior to the order of departure, barring any special circumstance, as well as the following circumstances, which are acknowledged by comprehensively considering the overall purport of pleadings in the written evidence No. 1, No. 3 and No. 5, namely, ① the Plaintiff was notified by a public official belonging to the Seoul Immigration Office (hereinafter “public official belonging to the Defendant”) on Nov. 13, 2009 in relation to drinking driving on Apr. 13, 2014, the Plaintiff again violated the laws of the Republic of Korea and regulations of the Republic of Korea, and was notified that there was a sanction, such as compulsory departure, if the illegal cause is serious.

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