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(영문) 서울고등법원 2015.03.19 2014누59773
강제퇴거명령취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

The plaintiff, who is a national of the People's Republic of Bangladesh (hereinafter referred to as the "Ligle") of the People's Republic of Bangladesh, entered the Republic of Korea on July 5, 2006, and left the Republic of Korea on June 30, 2009.

On September 29, 2009, the Plaintiff re-enters the Republic of Korea with non-professional employment status (HE-9) and obtained permission on stay until September 28, 2012, and did not depart to the Republic of Korea with the lapse of the stay period.

On November 15, 2013, where the period of stay permit was limited, the Plaintiff filed an application with the Defendant for recognition of refugee status (hereinafter “application for recognition of refugee status”). However, the Defendant rendered a disposition of denying the application for recognition of refugee status on July 7, 2014 where the instant lawsuit is pending.

On August 1, 2014, the Plaintiff filed an objection against the foregoing rejection disposition, but the objection was dismissed. Accordingly, on March 6, 2015, the Plaintiff filed a lawsuit against the Seoul Administrative Court to revoke refugee non-recognition disposition (Seoul Administrative Court 2015Gudan2768) and pending the lawsuit.

On November 25, 2013, the Defendant: (a) deemed that the Plaintiff could flee, and accordingly, took protective measures pursuant to Article 51 of the former Immigration Control Act (amended by Act No. 12421, Mar. 18, 2014; hereinafter “former Immigration Control Act”) (hereinafter “first protective measures”).

On November 26, 2013, the Defendant issued a deportation order (hereinafter “instant deportation order”) pursuant to Articles 46(1)8 and 17(1) of the former Immigration Control Act on the ground that the Plaintiff stayed outside the scope of the stay period, and issued the instant deportation order pursuant to Article 63(1) of the same Act (hereinafter “instant deportation order”), and combined with the instant deportation order and the instant protection order.

【Ground of recognition” without any dispute, Gap 1, 2, Eul 1 through 3, Eul 8’s each entry and the purport of the whole pleading are the procedure of the plaintiff’s assertion as to whether each disposition of this case is legitimate.

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