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(영문) 서울고등법원 2019.05.02 2018누68201

체류기간연장등불허가처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds alleged in the court of first instance by the Plaintiff for the acceptance of the judgment of the court of first instance are not different from the contents alleged by the Plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if the evidence submitted in the court of first instance is re-

Therefore, the reasoning for this Court concerning this case is as follows: (a) this Court shall dismiss the “this Court” of 6 pages 9 of the first instance judgment as “court of the first instance”; (b) remove the “physical payment” of 8 pages 1; and (c) remove the parts of 3 pages 20 to 5 pages 4, as stated in the reasoning of the first instance judgment; (d) therefore, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act; and (e) Article 420 of the Civil Procedure Act.

1) As to Chapter 1, Article 10 of the Immigration Control Act provides that "A foreigner who intends to enter the Republic of Korea shall obtain any of the following status of sojourn" in Article 10 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 29163, Sep. 18, 2018) provides that "A foreigner who intends to obtain a permit to change his/her status of sojourn shall obtain any of the following status of sojourn (paragraph 1) and permanent residence (paragraph 2)." Article 17(1) provides that "A foreigner who resides in the Republic of Korea may stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn." Article 24(1) of the former Enforcement Decree of the Immigration Control Act provides that "A foreigner who intends to obtain a permit to change his/her status of sojourn pursuant to Article 24(1) of the Act shall submit to the head of the office or branch office along with the documents prescribed by Ordinance of the Ministry of Justice an application for a permit to change his/her status of sojourn."