체류기간연장등불허가처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff emphasizes or renders a new decision on the allegations in the instant case as the grounds for appeal by the court of first instance, and where such decision is added in Paragraph 2, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation
(As the part of the court of first instance against the co-Plaintiff is separated and confirmed, only the part related to the plaintiff shall be quoted). 2. Judgment on the grounds of appeal
A. The summary of the Plaintiff’s grounds for appeal 1) Article 12 [Attachment 1] subparag. 17(a) of the former Enforcement Decree of the Immigration Control Act provides that a person falling under the status of stay for corporate investment (D-8) shall be “a person who intends to engage in the business administration or production technology field of foreign-invested enterprises under the Foreign Investment Promotion Act.” The “foreign-invested enterprise” shall be construed to include a corporation established by a foreigner or a corporation in the establishment of a corporation. Although the Plaintiff falls under the status of stay for corporate investment (D-8) by investing KRW 100 million in a corporation established by F, the Plaintiff shall be deemed to fall under the status of stay on July 18, 2018 (hereinafter “instant disposition”).
2) The Defendant rendered the instant disposition on the ground that “the Plaintiff’s status of stay should be changed to trade management (D-9) rather than corporate investment (D-8)” (D-9) and that there was no intention to apply for qualification for trade management (D-9).”
However, the Plaintiff does not constitute a person subject to permission to change the status of stay for trade management (D-9) stipulated in the Defendant’s Management Guidelines for Foreigners (Ministry of Justice) and the Defendant’s compelling the Plaintiff to introduce additional foreign capital of KRW 200 million.
B. Determination 1) Pursuant to Article 12 [Attachment 1] subparag. 17(a) of the former Enforcement Decree of the Immigration Control Act, a company’s investment (D-8 status of stay) is “foreign-invested companies under the Foreign Investment Promotion Act.”