체류기간연장등불허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In an administrative litigation as to whether a lawsuit is lawful, the existence of an administrative disposition subject to litigation shall be subject to ex officio investigation as a requirement for litigation and shall not be subject to confession;
(see, e.g., Supreme Court Decision 92Nu15499, Jul. 27, 1993). The Plaintiff filed an application for extension of sojourn status with the Defendant, and the Defendant decided not to allow extension of sojourn period against the Plaintiff on April 29, 2016, and sought revocation thereof.
However, if Gap evidence Nos. 4 and Eul evidence Nos. 1 and 7 show the overall purport of the pleadings, the defendant, on April 29, 2016, rendered a decision not to permit the change of status of stay in the capacity of marriage immigration (F-6) (hereinafter referred to as the "disposition in this case") for reasons such as the requirements not to be met, etc., or did not decide not to allow the extension of the sojourn period.
The instant lawsuit is unlawful, seeking the revocation of an administrative disposition that does not exist.
2. The Plaintiff’s claim cannot be accepted for the following reasons, even if the Plaintiff’s claim for additional family judgment was deemed to have been sought for the revocation of the instant disposition.
The permission for alteration of status of sojourn grants the applicant the authority to conduct activities that are different from the original status of sojourn. Even if the applicant satisfies the requirements prescribed by the relevant statutes, the permission-granting authority has the discretion to decide whether to grant permission in consideration of the applicant’s eligibility, purpose of sojourn, impact on public interest, etc.
The immigration control administration is a national administrative action that seeks to ensure the interest and safety of the nation by properly controlling and coordinating the entry and departure of foreigners in the Republic of Korea. In particular, matters concerning entry and departure of foreigners are essential to function as a sovereign state and must be strictly controlled. In determining whether foreigners enter or depart from the Republic of Korea, the immigration control administration should seek the interest and safety of the State rather than disadvantage of the parties to be suffered.