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(영문) 수원지방법원 2020.07.15 2019구단2385

체류자격부여 불허결정처분취소

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On July 4, 2019, the Defendant confirmed that the decision not to grant the status of stay to the Plaintiff is null and void.

The costs of lawsuit.

Reasons

Details of the disposition

A. On November 21, 2018, the Plaintiff, as a male (B) of Chinese nationality, has entered the Republic of Korea with a short-term visa (C-3-1, the period of stay 90 days) on a short-term visa (C-3-1, the period of stay 90 days) and has resided in the Republic of Korea after obtaining permission to change the status of stay from the Defendant on March 29, 2019 (F-1-14, the Chinese spouse of the national), while residing together with C, with the married mother D (China nationality).

B. On August 7, 2019, the expiration date of the period of stay, the Plaintiff filed an application with the Defendant for permission to extend the period of stay on June 5, 2019, and the Defendant made the following dispositions (hereinafter “instant disposition”) on July 4, 2019.

C. The notification of non-permission of the grant of a certain status of stay is as follows: (a) the ground for non-permission of DISAPROVAL NTRAL OTRAL OTRAL OTRAL OTRAL OTRAL USOF SOL Meas for Reason; (b) the notification that the application for the grant of the status of stay for you is decided not to permit under Article 25 of the Immigration Control Act and Article 33 of the Enforcement Decree of the Immigration Control Act, Article 33 of the Enforcement Decree of the Immigration Control Act.

In other words, 33th of the public notice of Articles 33 and 33 of the Act on the Establishment of International Organizations, 1999, 1999, 201. 33rd of the Act on the Establishment of Civil Organizations, 2009. 33rd of the Act on the Establishment of Civil Organizations, 2009.

The defendant's specific grounds for disapproval on the disposition of this case are "the plaintiff has already been adult and applied for extension of the period of stay for the purpose of living with his family, and it is insufficient to prove the inevitable reason for domestic stay such as humanitarian consideration (such as the nursing of his or her father or mother, the care of his or her parents, and the impossibility of maintaining the livelihood due to disability)."

On the other hand, on January 24, 2019, the Seoul Family Court Decision 2018Ra8289 decided to grant permission for adoption to C, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, Eul evidence 1-4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's primary argument is that the defendant rejected the plaintiff's application for extension of the period of stay.