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(영문) 서울행정법원 2017.11.28 2017구단60317
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is currently staying in the Republic of Korea as an overseas Korean (F-4).

On July 9, 2013, the Plaintiff issued a summary order of KRW 1,00,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court (2013 High Court) on July 9, 2013; ② on May 28, 2015, the Seoul Central District Court (2015 High Court) issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (licensed Driving) at the Seoul Central District Court (2015 High Court) on May 28, 2015; ③ on September 1, 2016, the Seoul High Court (2016No1530) sentenced a suspended sentence of two years for a violation of the Act on the Control of Narcotics, etc. (mariage) at the Seoul High Court (2016No15

On January 11, 2017, the Defendant issued an order for departure to the Plaintiff to voluntarily leave the Republic of Korea by February 9, 2017 pursuant to Articles 68(1)1, 46(1)3 and 13, and 11(1)3 and 4 of the Immigration Control Act (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Board on January 25, 2017, but was dismissed on August 25, 2017.

[Ground of recognition] In light of the fact that there is no dispute, Gap 1, 2, Eul 1, Eul 1, 2, 3, and 5 (including serial numbers), the overall purport of the present disposition of this case is legitimate, and the plaintiff's assertion as to whether the disposition of this case is legitimate or not, since the plaintiff's assertion as to the legitimacy of the disposition of this case is a combination of hemp smoking in Washington D, hemp smoking was not diminished as a serious crime in the Republic of Korea, and the plaintiff's investment in the entire property is operating a restaurant in the Republic of Korea, the disposition of this case is unlawful as it violates the principle of proportionality and it is an abuse of discretionary power.

Judgment

1. The immigration control administration is to control and coordinate the entry and departure of foreigners in the Republic of Korea to ensure the interests and safety of the State, especially the entry and departure of foreigners into and departure from the Republic of Korea.

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