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(영문) 서울중앙지방법원 2018.10.17 2018고단5002

출입국관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant entered the Republic of Korea on October 11, 2005, and then is a Chinese national who acquired and stayed visa (F-5) on May 11, 2010.

When a foreigner enters the Republic of Korea and applies for recognition of refugee status (hereinafter referred to as "resident applicant"), the head of the competent agency, the head of the office, the head of the business trip, or the head of the foreigner internment camp, according to the delegation by the Minister of Justice, shall conduct a refugee recognition examination, and if the delegated agency makes a decision on the non-recognition of refugee status, the applicant for refugee status may raise an objection against the said decision to the Minister of Justice, and if the Minister of Justice makes a decision on the non-recognition of refugee status even with respect to the objection, he/she may continue to dispute

A person applying for refugee status, immediately after applying for refugee status, is issued by any other visa (G-1) upon application for refugee status, and has the qualifications to legally stay in Korea from that moment, and the status of refugee status is not finally recognized by the court.

Even if the above series of appeals procedures take at least two to three years to take place, and the amount of money has been employed in Korea during that period, it can be viewed as economic benefits even if it is later forced to leave.

In addition, where refugee applications are recognized through the aforementioned objection procedures, refugee applicants are issued by non-resident visa (F-2) and are not subject to any restriction on domestic employment, and the effective period of non-resident visa can be renewed without three years restriction, and ultimately, they can permanently stay in Korea.

On November 9, 2016, in order to solve the issue of foreigner registration certificate issued by the defendant-friendly job-friendly D (D, Chinese, Chinese, and Chinese) around November 9, 2016, the defendant visited the branch office of "law firm F" located in Yangcheon-gu Seoul Metropolitan Government E to allow the Chinese people to stay in the Republic of Korea through false refugee application from G attorney while visiting the branch office of "law firm F" in Yangcheon-gu, Seoul.