체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a Pakistan-based foreigner.
On July 10, 2012, the Plaintiff, as the spouse B, who had been staying in the capacity of culture and arts (D-1), was accompanied by (F-3) and stayed in the Republic of Korea.
B obtained the status of change of sojourn in the capacity of permanent residence (F-5) on April 30, 2014.
B was sentenced to 10 months of imprisonment and 2 years of suspended execution on October 8, 2014 in the case of violation of the Immigration Control Act in Seoul Central District Court Decision 2014Da5502, Seoul Central District Court Decision 2014Da5502, and the Prosecutor’s appeal (Seoul Central District Court Decision 2014No4166) was dismissed on April 9, 2015, and the said judgment became final and conclusive on April 17, 2015.
On August 26, 2015, the Plaintiff applied for the change of status of sojourn to the Defendant as a resident (F-2) qualification on the ground that B obtained the change of status of sojourn as a permanent resident (F-5) qualification.
On November 25, 2015, the defendant rendered a decision not to allow the change of status of stay to the plaintiff for other reasons, such as criminal records of the inviter.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 2, 3, Eul’s 1-4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Although the defendant asserted that he had undergone severe warning against B notwithstanding the above crimes in B, the above criminal records of B were examined and the disposition of this case was taken. The disposition of this case is unlawful against the principle of equality, the principle of gold speech, and the principle of proportionality.
B. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree” and Article 24(1) of the Act provides that “A foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of stay different from his/her status of stay shall obtain prior permission for alteration of status of sojourn from the Minister
Article 12 of the Enforcement Decree of the Act provides that the status of stay of foreigners pursuant to Article 10 (1) of the Act shall be as specified in attached Table 1, and the status of stay of foreigners pursuant to subparagraph 27 (a) of attached Table 1 shall be residence (F-2).