체류기간연장등불허가처분취소
1. The Defendant’s non-permission disposition on January 14, 2014, such as the extension of sojourn period, against the Plaintiff, shall be revoked.
2...
Details of the disposition
The plaintiff is a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China") who entered the Republic of Korea on January 29, 2008 and has stayed in the Republic of Korea as a visiting employment (H-2).
On November 27, 2012, the Plaintiff applied for permission to change the status of stay to the Defendant as his permanent residence (F-5).
Upon filing an application for permission to change the status of stay, the Plaintiff submitted a certificate of kinship with the Plaintiff issued by China to prove that he/she constitutes a foreign nationality Korean under Article 2 subparagraph 2 of the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter referred to as the “Overseas Koreans Act”).
On January 14, 2014, the Defendant confirmed that the alteration of the above ties of kinship was made, and denied the Plaintiff’s permission to change the status of stay on the ground that the Plaintiff submitted the altered documents to the Plaintiff (hereinafter “instant disposition”).
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, as a whole, the plaintiff's assertion as to whether the disposition of this case is legitimate, Eul restored the nationality of the Republic of Korea as an overseas Korean, and the father C is residing in the Republic of Korea with permanent
As such, the Plaintiff is eligible for permanent stay status as a foreign nationality Korean under Article 2 subparag. 2 of the Overseas Koreans Act and Article 3(1) subparag. 2 of the Enforcement Decree of the Overseas Koreans Act.
The certificate of kinship submitted by the Plaintiff was submitted by the Plaintiff upon the request of the travel agency, and the documents were forged or altered.
As long as the Plaintiff is qualified as an overseas Korean, the issue of whether the Plaintiff submitted the altered documents is irrelevant to the requirements for granting the permanent residence status of the Plaintiff, and cannot be deemed to be attributable to the Plaintiff. The Defendant on this ground.