출국기한유예신청 불허처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, as a foreigner of Chinese nationality, entered the Republic of Korea on September 5, 201 as the status of stay for study (D-2) abroad, and thereafter the status of stay was changed to job-seeking (D-10) and general training (D-4) and changed from February 18, 2014 to study (D-2) again (D-2) (the expiration date of stay period: March 31, 2016).
B. On February 6, 2015, the Plaintiff was indicted for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) by the Daegu District Court Decision 2015No929 on the ground that: (a) the Plaintiff was sentenced to a suspended sentence of three years of imprisonment from the above court on May 19, 2015; and (b) on May 27, 2015, the said judgment (hereinafter “prior criminal judgment”) became final and conclusive on May 27, 2015.
C. Accordingly, on the grounds of Articles 11(1)3, 46(1)3, and 13, and 68(1)1 of the former Immigration Control Act (amended by Act No. 14106, Mar. 29, 2016; hereinafter the same), the Defendant issued an order for departure (hereinafter referred to as “order for departure of this case”) with respect to the Plaintiff on March 29, 2016, by setting the deadline for departure on April 28, 2016.
On April 22, 2016, the Plaintiff filed an application for recovery of the right to appeal against the preceding criminal judgment with the Daegu District Court 2016 Seocho649, and applied for postponement of the deadline for departure to the Defendant on the same day. Accordingly, the Defendant suspended the deadline for departure of the Plaintiff on July 28, 2016.
E. As the above court dismissed the Plaintiff’s application for recovery of his/her right of appeal on May 3, 2016, the Plaintiff applied for postponement of the departure period to the Defendant on July 20, 2016 after filing a request for reexamination of the preceding criminal judgment with the Daegu District Court 2016 Inventory62 on July 14, 2016, and then filed a request for postponement of the departure period with the Defendant on July 20, 2016. Accordingly, the Defendant re-scheduled the Plaintiff’s departure period on October 26, 2
F. On August 1, 2016, the above court dismissed the Plaintiff’s request for retrial, and the Plaintiff is China.