체류기간연장등 불허결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a foreigner of the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”).
B. On September 28, 2007, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on June 3, 2008. On June 14, 2012, the Plaintiff was staying in Korea by changing the status of stay for corporate investment (D-8) into the status of stay on June 3, 2008, and obtained the approval for medical care (it shall be until November 30, 2012) from the Korea Workers' Compensation and Welfare Service (it shall be until November 30, 2012). On October 19, 2012, the Plaintiff was granted the status of stay for medical treatment and compensation from the Defendant, and was extended the period of stay on August 18, 2015.
C. On August 17, 2015, the Plaintiff applied for extension of the period of stay to the Defendant. However, on September 26, 2016, the Defendant rendered a decision not to grant permission for extension of the period of stay on the ground of disagreement between the status of stay and the activity of stay (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, 2, and Eul 1, 2, 6, and 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is proceeding with a claim for damages against the president B, who is the workplace that suffered an industrial accident, and the Plaintiff shall undergo physical appraisal procedures to specify the amount of damages and undergo future pin language. As such, the instant disposition based on the Plaintiff’s sojourn status and sojourn activity is unlawful by misunderstanding the fact that it is inconsistent with the Plaintiff’s sojourn status and sojourn activity, thereby exceeding the scope of discretionary authority.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter shall have the status of stay prescribed by Presidential Decree.” Article 25 provides that “A foreigner who intends to continue to stay beyond the period of stay shall obtain permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.”
And the Enforcement Decree of the Immigration Control Act.