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(영문) 대전지방법원 2019.11.21 2019구단250

체류자격변경불허결정취소

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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 (BB and male) is a foreigner of Vietnam's nationality, and the plaintiff's wife is a child of the Republic of Korea's citizen and a married immigrants by marriage (C).

B. On August 14, 2018, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and on November 6, 2018, applied for a change of the status of stay to the Defendant on a visit and movement (C-1), but the Defendant decided not to permit the change of the status of stay on the ground that the Plaintiff does not meet the requirements for the status of stay of visit and movement on November 16, 2018.

(hereinafter “instant disposition”). C.

On January 22, 2019, the Plaintiff, who was dissatisfied with the instant disposition, filed an application for adjudication with the Central Administrative Appeals Commission, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's alleged wife is residing in the Republic of Korea in order to raise his/her grandchildren, and the plaintiff must reside in the Republic of Korea to assist his/her wife.

In light of these circumstances, the Defendant’s disposition denying the Plaintiff’s application for alteration of status of stay is unlawful by abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 10 subparag. 1 of the Immigration Control Act and Article 10-2(1) of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have a general status of stay or permanent status, and an alien who enters the Republic of Korea as a general status of stay may stay in the Republic of Korea

In addition, if a foreigner staying in the Republic of Korea under Articles 24 (1) and 25 of the same Act intends to engage in activities that fall under the status of sojourn different from that of his/her status of sojourn, the permission to change the status of sojourn from the Minister of Justice shall be obtained, and if the foreigner intends to continue to stay in excess of