체류기간연장등불허가처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs entered the Republic of Korea on October 29, 2008 on a short-term use (C-2) sojourn status on a short-term basis (C-2), and obtained permission for change on November 19, 2008, and Plaintiff B (hereinafter “Plaintiff B”) entered the Republic of Korea on a short-term comprehensive (C-3) sojourn status on July 8, 2009 as Plaintiff 1’s husband and obtained permission for change.
B. On October 5, 2016, Plaintiff 1 applied for the change of status of stay to the status of stay for trade management (D-9) on October 5, 2016, and Plaintiff 2 applied for the extension of the period of stay as Plaintiff 1’s spouse.
C. On November 16, 2016, the Defendant rendered a disposition denying the extension of the period of each stay (hereinafter “instant disposition”) against the Plaintiffs on the ground that “no inevitable reason for domestic stay exists, etc.” (hereinafter “the instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 5-1, 2, Eul evidence 1-7, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiffs’ assertion is an unlawful disposition that deviates from and abused discretion, such as a violation of the principle of trust and good faith and a violation of the principle of proportionality.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Articles 10(1), 24(1), and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of sojourn different from that of his/her status of sojourn shall obtain the permission to change the status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission to extend the period of sojourn from the Minister