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(영문) 서울행정법원 2018.02.07 2017구단65343

체류기간연장불허처분 및 출국명령처분 취소

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. On February 2, 2014, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner with the nationality of Pakistan. On April 2, 2015, the Plaintiff obtained permission from the Defendant to change the status of stay for a specific activity (E-7) (E-7). On February 3, 2017, the Plaintiff filed an application for permission to change the status of stay for residence (F-2) again to the Defendant.

B. However, on June 8, 2017, the Defendant permitted the change of the status of stay to a specific activity status (E-7) to a university graduate or higher. The Plaintiff was only a graduate graduate. The change of the status of stay to a residence status (F-2) is permitted only to a person who has received at least the standard point by granting points according to the applicant’s age, academic background, Korean language ability, income, etc., on the premise that the Plaintiff received less than the standard point. The Plaintiff was denied an application for change of the Plaintiff’s status of stay on the ground of “other reasons, such as the violation of the terms and conditions of permission, nonperformance of the requirements, etc.” under Article 89(1)3 of the Immigration Control Act. Meanwhile, the Plaintiff’s status of stay was revoked pursuant to Article 68(1)3 and Article 89(1)3 of the Immigration Control Act, and the Defendant issued an order for departure (hereinafter “instant disposition”).

[Reasons for Recognition] There is no dispute, and the purport of Gap's evidence 1 to 3 and the whole argument

2. Whether the disposition is lawful;

A. One of the grounds for non-permission to change the status of stay among the instant dispositions in the instant case, one of the grounds for non-permission to change the status of stay, was awarded points below the standard points necessary for the change of the status of stay. However, if the Plaintiff graduated from a university with at least a bachelor’s degree, other than a graduate, the fact that the Plaintiff acquired at least the standard points due to increase

Therefore, this is applicable.