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(영문) 청주지방법원 2018.09.13 2017구합3002

체류기간연장등불허가처분취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, as a national of the People’s Republic of China, entered the Republic of Korea as a foreigner in the capacity of visit employment (H-2) on December 19, 201, entered the Republic of Korea and stayed after completing a foreigner’s registration. On May 27, 2011, the Plaintiff reported marriage with B on May 27, 201 and extended the period of stay after obtaining permission for change of status as a marriage immigration (F-6) on August 12, 2012.

B. On January 13, 2017, the Plaintiff filed a divorce report with C on March 20, 2017, and filed an application for extension of the period of stay with the Defendant on April 7, 2017 (hereinafter “application 1”).

C. On October 25, 2017, the Defendant issued a disposition rejecting an application for extension of the above period of sojourn (hereinafter “instant first disposition”), and the said written disposition states that the grounds for refusal is “non-permission due to lack of income requirements, etc.”

The Defendant (referring to the Plaintiff) was the business owner of the trade name “D,” and operated the business with 8 studios in which the Suwon and the fourth floor were leased from January 1, 2015 to February 26, 2015, and 21:40, and two studs in the shower room.

The Defendant: (a) provided 70,000 won or 150,000 won to the customers who visited the business place by employing two female employees G, etc. through the Hand-on Chinese Sclphone, and (b) provided Hand-on service using female employees in the room and arranged commercial sex acts, such as similar sex acts, by dividing half of the fees of female employees and themselves.

On the other hand, on January 25, 2017, the Plaintiff was sentenced to a fine of KRW 5 million at the Suwon District Court on the grounds of a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the act of arranging commercial sex acts) for the following criminal facts (the Seoul District Court Decision 2016No583). On April 10, 2017, the Plaintiff appealed the appeal, and the said judgment became final and conclusive (hereinafter “related criminal case”).

(e).