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(영문) 서울행정법원 2017.01.25 2016구단58478

출국명령처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, Chinese national, entered the Republic of Korea on June 8, 201 as a specific activity (E-7) sojourn status on February 4, 2013, and entered the Republic of Korea on February 30, 2013, as a sojourn status for a specific activity (E-7), as a specific activity (E-7) sojourn status on July 30, 2013, and as a job seeking (D-10) sojourn status on July 30, 2014, while staying in Korea on June 24, 2015, prior to the expiration date of the sojourn period (E-7, 2015), applied for a change of sojourn status to a specific activity (E-7). However, on June 30, 2015, the Plaintiff was subject to a disposition of denying the Plaintiff’s application.

B. Accordingly, on July 13, 2015, the Plaintiff delegated the administrative agency B with the duty of changing the status of stay to a specific activity (E-7). On the other hand, B applied for the permission of changing the status of stay to the Defendant as the Plaintiff’s agent, but on July 29, 2015, the Defendant rendered a disposition of denying the Plaintiff’s application for changing the status of stay (hereinafter “disposition of denying the change of status of stay”).

C. Meanwhile, the Defendant requested the Plaintiff to appear as text messages on July 27, 2015 before the Defendant rendered a disposition not to permit the change of status of stay in the instant case, but the Plaintiff appeared as the Plaintiff’s agent on July 29, 2015 without attending the Defendant’s office and received the written disposition not to permit the change of status of stay in the instant case.

B, on July 30, 2015, the following day, the Plaintiff’s period of stay expires, and without the Plaintiff’s delegation, filed an application for postponement of the deadline for departure under the Plaintiff’s name to the Defendant on August 14, 2015. Accordingly, on July 30, 2015, the Defendant issued a disposition suspending the deadline for departure until August 14, 2015 to the Plaintiff.

On August 12, 2015, the plaintiff filed a civil petition against the defendant by examining whether the application for postponement of the above departure period, which was made by B on August 12, 2015, was made without the delegation of the plaintiff. As a result, the defendant filed a civil petition against the defendant.