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(영문) 수원지방법원 2021.02.04 2020구합67828

국외여행기간 연장허가 거부처분 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. The Plaintiff was born between parents with the nationality of the Republic of Korea on the day B, and was admitted to the Netherlands “C” team on January 201, 201, immediately after having graduated from a high school in Korea, and was working as a axis player belonging to an overseas professional axis team as listed below.

The period of stay (state) between January 2010 and June 3, 2011, C (the Netherlands) from June 2011 to January 1, 2013, to July 2013, 2013, to June 8, 2013, F (L) from July 2014, 2014 to June 1, 2014, to January 2015, 201, LW (LW 208-7, 2018-7, 2018-7, 2017) from January 2016 to 2018-7, 2017, LW 2016 (UW Hungary) from July 20, 2014 (UW 2018-7, 2017).

B. On March 22, 2016, the Plaintiff was assigned to military service as a first-class soldier in active duty service in a physical examination for determination of military service. From March 2016, the Plaintiff obtained the permission for overseas travel from the Defendant during the period from March 22, 2016 to June 8, 2016 under Article 70 of the Military Service Act, and Articles 145 through 147 of the Enforcement Decree of the Military Service Act, to continue to work overseas as a professional stable player, and obtained the permission for overseas travel from the Defendant during the period from March 22, 2016 to June 2016, the Plaintiff extended the period of overseas travel from June 27, 2016 to May 31, 2017; the period of overseas travel from June 26, 2017 to June 25, 2017 to the extension of the period of overseas travel from Hungary.

(c)

The parent of the Plaintiff acquired the permanent residence of Hungary on June 27, 2017.

(d)

On September 14, 2017, the Plaintiff filed an application for extension of the period of overseas travel with the Defendant on the ground that “where the father or mother resides in a foreign country, such as the father or mother, has acquired the permanent sovereignty, etc.” prescribed in Article 5(1) and 5(1) [Attachment 2] of the Regulations on the Management of Overseas Travel for Military Service (Ordinance No. 1525 of the Military Manpower Administration, No. 1525, hereinafter referred to as the “Rules of this case”).