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(영문) 대법원 2016.09.23 2015두54629

체류자격변경신청불허가처분취소

Text

The judgment below

The part concerning the order of double departure is reversed, and this part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined.

1. As to the disposition of departure order (1) citing the reasoning of the first instance judgment, the lower court: (a) Plaintiff B is deemed to have met the nationality of the People’s Republic of China (hereinafter “China”); (b) was born between Plaintiff B and Nonparty C on April 1, 198; (c) on August 3, 2004, Plaintiff A entered the Republic of Korea as the status of stay for visiting employment (H-2) on June 18, 2008; (d) applied for a change of the status of stay for Plaintiff B-1’s permanent residence (F-2); and (e) obtained Plaintiff B-1’s permanent residence status as the spouse of the permanent resident status (F-1); and (e) obtained Plaintiff B-1’s permit for the extension of the status of stay on May 4, 2011 as the Plaintiff’s permanent residence status (F-1); and (e) obtained Plaintiff B-1’s permanent residency status as the Plaintiff’s recommendation for the extension of the status of stay on March 20, 2013.

In addition, the lower court rendered the judgment of the first instance.