체류기간연장등불허가처분취소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this part of the disposition by the court is the same as the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on this safety defense
A. The gist of the Defendant’s assertion was that the Plaintiff lost his/her status of stay in the Republic of Korea after departure from April 29, 2015, and thus there is no legal interest to seek revocation of the instant disposition.
(b) An alien who intends to enter the determined Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree (Article 10(1) of the Immigration Act); and an alien who intends to continue to stay in the Republic of Korea in excess of the period of sojourn determined after entry, shall obtain the permission for extension of the period of sojourn
(Article 25 of the Immigration Control Act. When the Minister of Justice fails to grant permission for extension of the period of stay under Articles 29 through 31 of the Enforcement Decree of the Immigration Control Act, he/she shall issue to the applicant a notice of non-permission, such as extension of the period of stay, and such written notice of non-permission shall clearly state the deadline for departure within the extent not exceeding 14 days from the
(Article 33(1) and (2) of the Enforcement Decree of the Immigration Control Act. On the other hand, in order for a foreigner who has filed for foreigner registration or has been exempted from such registration to re-entry according to the status of sojourn he/she had left the Republic of Korea within the period of sojourn, he/she should obtain permission from the Minister of Justice (Article 30(1) of the Immigration Control Act). In this case, the period of reentry permission is set within the scope not exceeding the permitted period of sojourn (Article 39-6(3) of the Enforcement Rule of the Immigration Control Act). Furthermore, if a foreigner who has obtained permission of reentry after departure is unable to re-