체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 1, 2013, the Defendant granted the status of stay of residence (F-1) to the Plaintiff, who is the People’s Republic of China (hereinafter “China”) who entered the Republic of Korea on August 1, 2013 under the qualification of short-term visit (C-3), for living together with the Plaintiff’s mother B (China) who is staying in the Republic of Korea pursuant to Article 10(1) of the Immigration Control Act and Article 12(Attachment 1 attached Table 26(a) of the Enforcement Decree of the same Act. However, on December 9, 2013, the Defendant issued an order for departure (hereinafter “instant order for departure”) by setting the departure period on January 8, 2014 as the departure period (hereinafter “instant order for departure”) and on December 18, 2013, issued a disposition denying the extension of the period of stay due to lack of living requirements for the Plaintiff’s family members (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9 through 11, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the order of departure against the Plaintiff’s assertion B cannot be deemed justifiable, and that B married with C, a Republic of Korea, on June 12, 2013, and C intended to adopt the Plaintiff, the instant disposition is in violation of the principle of proportionality, as compared to the public interest to be achieved thereby, the disadvantage suffered by the Plaintiff is excessively high compared to the public interest to be achieved.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. Determination under Article 10(1) of the Immigration Control Act provides, “A foreigner who intends to enter shall have the status of stay prescribed by Presidential Decree.” Article 25 of the same Act provides, “A foreigner who intends to continue to stay in excess of the period of stay shall obtain the permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.” Article 12 and [Attachment 1] 26. Visit 26. Visits (F-1) of the Enforcement Decree of the same Act is one of the requirements for the status of stay of the foreigner under Article 10(1) of the Immigration Control Act.