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(영문) 창원지방법원 2017.08.22 2016구합1118

체류기간연장등불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on October 9, 2008 as a foreigner with the nationality of Pakistan, and as a non-professional employment (E-9) status.

After three times, the plaintiff was granted permission for extension of the period of stay, and the expiration date of the last stay was September 20, 201.

B. On September 21, 201, after the expiration date of the above sojourn, the Plaintiff applied for refugee status on September 21, 201, and was granted the status of stay (G-1-5) recognized as a refugee applicant, etc. in accordance with Article 10(1) of the Immigration Control Act on October 18, 201, Article 12 and attached Table 1 of the Enforcement Decree of the same Act, Article 29.29, and other guidelines for qualification stay (G-1).

On June 21, 2014, the status of stay for the plaintiff was extended several times by June 21, 2014.

C. Upon receipt of a decision to deny refugee status on June 13, 2014, the Plaintiff filed an administrative lawsuit with the Seoul Administrative Court on June 17, 2014 seeking the revocation of the said decision to deny refugee status status as the Seoul Administrative Court, and was subject to the postponement of the departure period until December 9, 2015 for the proceeding of the said revocation lawsuit.

The above lawsuit was dismissed on December 12, 2014, and it became final and conclusive on November 24, 2015 through the appellate court (Seoul High Court 2014Nu74346) and the final appeal (Supreme Court 2015Du49436).

Since then, while illegally staying in the Republic of Korea, the Plaintiff suffered occupational accidents, such as suspension of hydropasissis damage, etc. while serving on October 17, 2016.

E. On November 2, 2016, the Plaintiff filed an application with the Defendant for the granting of the status of stay to obtain other status of stay (G-1-1) recognized for a person receiving additional medical care. However, on December 5, 2016, the Defendant issued a notice to the effect that he/she would apply for the postponement of departure to the Plaintiff on the ground for non-permission (hereinafter “instant disposition”).

[Basis] Evidence Nos. 1 through 5, Evidence Nos. 1 through 8, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The assertion and judgment

A. The plaintiff's assertion continues with respect to occupational accidents.