beta
(영문) 서울행정법원 2021.03.19 2020구단15638

체류자격변경불허결정취소 등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 2019, the Plaintiff entered the Republic of Korea with his father B and mother C, who is a foreigner of the eminary nationality, as a short-term visit (C-3) sojourn status.

B. On October 2, 2019, B filed an application with the Defendant for permission to change the status of stay as a corporate investment (D-8) status, and the Plaintiff filed an application for permission to change the status of stay as a accompanying (F-3) status of stay.

(c)

On November 13, 2019, the defendant issued an order for departure with the content that "I wish to leave the Republic of Korea by December 12, 2019 pursuant to Article 68 (1) 1 of the Immigration Control Act" that "I will leave the Republic of Korea by December 12, 2019." On the same day, the defendant rejected the change of status of stay on November 20, 2019 on the ground that I received the order for departure and the father rejected the change of status of stay on the ground that the change of status of stay was denied upon obtaining the order for departure as above (hereinafter "disposition in this case").

(d)

On November 28, 2019, the Plaintiff filed an appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on June 30, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 3, 4, 6, 7, and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The disposition of the order for departure and the disposition of the non-permission for alteration of the status of stay against the summary of the Plaintiff’s assertion are all unlawful. Therefore, the instant disposition should also be revoked as unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c)

Judgment

1) Articles 10, 24(1) and 25 of the Immigration Control Act shall have the status of stay that falls under any of the subparagraphs of Article 10 of the same Act for a foreigner who intends to enter the Republic of Korea, and the status of stay of the Minister of Justice shall have the status of stay that falls under any of the subparagraphs of Article 10 of the same Act for a foreigner who stays in