체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 10, 2017, both the Plaintiff and Nonparty B’s wife entered the Republic of Kazakhstan (hereinafter “Kazakhstan”) as a foreigner of the nationality of the Republic of Kazakhstan.
B. On January 26, 2017, B changed the status of stay to a general training (D-4). Accordingly, on February 3, 2017, the Plaintiff changed the status of stay to a partner (F-3, subject: B).
C. On July 24, 2017, the Plaintiff filed an application for extension of the period of stay accompanied with the Defendant, but the Defendant investigated the Plaintiff’s sojourn status in the Republic of Korea (hereinafter “actual status survey”) and rendered a decision not to grant the extension of the period of stay on October 13, 2017 on the ground that the Plaintiff’s foreigner holding the accompanying sojourn status was an in-service employee
(hereinafter “instant disposition”) D.
On October 18, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the administrative appeal on March 6, 2018.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, and 4 (including branch numbers), and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff did not have any job-seeking activity in the Republic of Korea. The Defendant misleads the facts that form the basis of exercising discretion. 2) Even if not, the instant disposition is excessively unfavorable to the Plaintiff compared to the public interest to be achieved thereby, and thus contravenes the principle of proportionality.
(b) Entry in the attached Form of relevant statutes;
C. If an administrative agency in charge of the immigration control of foreigners in the Republic of Korea in the course of investigating into the foreigner’s sojourn status in the Republic of Korea, the confirmation document was drafted by the foreigner against the foreigner’s will, or specific due to the lack of the content thereof, etc.