체류기간연장등불허가처분취소
The judgment of the first instance shall be revoked.
The plaintiff's lawsuit is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
1. The court's explanation concerning this part of the grounds for appeal is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the
2. Comprehensively taking account of (i) the legitimacy of a lawsuit and the purport of the entire pleadings (Evidence B 13), the fact that the first instance court’s pleading was concluded while the Plaintiff was staying in the Republic of Korea on September 2, 2014, which was subsequent to the conclusion of the first instance trial proceedings ( August 19, 2014), and that the Plaintiff left China, one’s mother country, and has not entered the Republic of Korea until now without obtaining permission for reentry under Article 30 of the Immigration Act.
However, in light of the structure of reentry permission under the Immigration Control Act and the Immigration Control Act, the permission of reentry under Article 30 of the Immigration Control Act does not grant a new status of reentry to a foreigner staying in Korea, but should be interpreted as a disposition recognizing the foreigner's remaining status of sojourn and re-entry in the Republic of Korea as it is, notwithstanding
Therefore, if a foreigner who was granted non-permission for extension of the period of sojourn departs from Korea without permission for reentry, the status of stay that the foreigner had up to time will be extinguished.
Therefore, since non-permission disposition such as extension of the period of stay is revoked, and the foreigner's status of stay has ceased to exist due to departure from the Republic of Korea at the time of re-determination of the application for extension of the period of stay for the foreigner, the foreigner is deprived of the legal interest to be recovered following the cancellation of non-permission disposition such as extension of the period of stay.
According to the above facts, the plaintiff is subject to a disposition of non-permission for extension of the period of sojourn.