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(영문) 청주지방법원 2017.06.29 2017구합1228

체류기간연장등불허가처분취소

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 April 9, 2012, the Plaintiff was granted permission for extension of the period of stay until February 9, 2017, when he/she entered the Republic of Korea on a non-professional employment (E-9) sojourn status, and worked in a tugboat, etc., a corporation engaged in the business of manufacturing pressure-free and pressure-free products, etc., with the Plaintiff’s nationality, for extension of the period of stay.

B. The Plaintiff filed an application for extension of the period of stay with the Defendant again, but on February 23, 2017, the Defendant rendered a non-permission decision, such as extension of the period of stay, etc. (hereinafter “instant disposition”), on the ground that the Plaintiff’s failure to satisfy the requirements (the maturity of four years and ten months), etc.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion may change the status of stay to a foreign worker engaged in the business of manufacturing pressure-free and pressure-free products, which is a ppuri industry, to a specific activity (E-7). The Plaintiff filed an application for an extension of the period of stay and an application for an alteration of the status of stay, which requires time to prepare for such change, but the Defendant did not accept

The minimum period of sojourn shall be extended so that the plaintiff may prepare documents necessary for changing his/her status of stay to determine whether to change his/her status of stay.

Therefore, the disposition of this case which rejected it should be revoked in an unlawful manner.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. According to Articles 10(1), 24(1), and 25 of the Immigration Control Act, a foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree, and a foreigner who intends to engage in any activity falling under the status of sojourn different from that of his/her status of sojourn shall obtain the permission to change the status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn