체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 25, 2011, the Plaintiff, a Chinese national, entered the Republic of Korea as a specific activity (E-7) status, and thereafter, the status of stay was changed to that of February 22, 2017 (G-1), and that of June 22, 2017 (D-10).
B. On May 9, 2018, the Plaintiff filed an application with the Defendant to change the status of stay to a specific activity (E-7) (hereinafter “instant application”). On October 22, 2018, the Defendant notified the Plaintiff of the decision not to permit the change of status of stay (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 3 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Of the documents submitted by the Plaintiff at the time of the instant application, the certificate of occupational qualification issued in 2004 is not a false document, but a certificate of occupational qualification issued in China in 2010 is also a false document. The Plaintiff has a certificate of occupational qualification (a certificate of cook) issued in China in 2010.
Therefore, the disposition of this case is unlawful since it is erroneous by misunderstanding facts or by abusing discretionary power in violation of the principle of proportionality.
B. Determination 1) Any foreigner who intends to enter the Republic of Korea shall have a general stay status (the period during which he/she is allowed to stay in the Republic of Korea under the Immigration Control Act) or a permanent stay status (the permanent stay status that can be permanent residence in the Republic of Korea) (Article 10 of the Immigration Control Act). If a foreigner who stays in the Republic of Korea intends to engage in an activity that falls under the status of his/her sojourn status different from that of his/her sojourn status, he/she shall obtain prior permission to change his/her sojourn status from the Minister of Justice (Article 24(1) of the Immigration Control Act). In addition,