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(영문) 수원지방법원 2017.12.08 2017구단8877

체류기간연장등불허가처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) The Plaintiff is a foreigner of KIKOan nationality, and the Plaintiff entered the first place of stay for short term (C-1, 3 months) on March 20, 207, and applied for a long period of illegal stay on June 16, 2016, and applied for a change of the status of stay on June 17, 2016 (G-1) (G-1).

The Defendant issued a notification to the Plaintiff on November 30th of 8 year of illegal stay period (from June 19, 2007 to June 17, 2016), and subsequently changed the status of stay (G-1).

B. On February 24, 2017, the Minister of Justice rendered a decision to deny refugee status against the Plaintiff. The Plaintiff, who is dissatisfied with the above disposition, filed a suit to revoke refugee status refusal with the Seoul Administrative Court, but the said suit was terminated as the withdrawal of the suit on August 22, 2017.

On September 27, 2017, the Defendant rejected the Plaintiff’s refusal to extend the period of stay on the ground of “other (G-1) failure to meet the requirements for extension of the period of stay” (hereinafter “instant disposition”).

[Judgment of the court below] Facts that there was no dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 8, the purport of whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); if a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33(1) of the Enforcement Decree of the Immigration Control Act (Article 33(1) of the Enforcement Decree of the Immigration Control Act), a person who is not eligible for sojourn status (G-1) or status of stay (G-1) of 29. Other (G-1) of diplomacy (F-6), tourism employment (H-1), or visiting employment (H-2), and is recognized by the Minister of Justice.