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(영문) 수원지방법원 2016.11.30 2016구단7884
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 2, 2016, the Plaintiff issued an order for departure to the Plaintiff on June 9, 2016, for departure from the Republic of Korea until July 8, 2016, on the grounds that the Defendant was convicted of a suspended sentence of two years for a year of imprisonment for violating the Trademark Act and the Pharmaceutical Affairs Act, while the Plaintiff married with B, who was a citizen of the People’s Republic of China, and was staying in the Republic of Korea as a spouse qualification (F-6-1) as a national of the Republic of Korea.

(hereinafter “Disposition in this case”). 【No dispute exists on the ground of recognition, Gap 1, 5, Eul 1, and 9 respectively, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was convicted on the ground that the husband was found to have been dead in the house by police officers, and aiding and abetting the Plaintiff to commit the act of violating the Trademark Act, etc. However, the Plaintiff actually did not participate in the act of the husband, but did not know that it was an illegal medicine, and on February 2016, the Plaintiff found the Plaintiff. Although the Plaintiff notified the police officers of the existence of an illegal medicine that was kept in custody in the Plaintiff’s house, the police officers conducted a crackdown on the illegal medicine through search and seizure on April 12, 2016, and the Plaintiff supported a child who was in the sixth grade of the elementary school, the instant disposition was unlawful in the misapprehension of the scope of discretionary power by excessively abusing the Plaintiff.

(b) The attached Form of relevant statutes is as follows.

C. The immigration control administration 1 ought to be strictly controlled because of the national administrative action aimed at promoting national interest and safety by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea and the stay of foreigners.

In addition, Article 46 (1) of the Immigration Control Act is applicable.

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