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(영문) 수원지방법원 2015.07.14 2014구합57110

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. On September 5, 2005, the Plaintiff, a national of the People's Republic of China, entered the Republic of Korea as the first time of female-born B, who acquired the nationality of the Republic of Korea through international marriage, and entered the Republic of Korea under the qualification of visit employment (F-1), and resided in the Republic of Korea with the permission for change of sojourn status in the qualification of visiting employment (H-2), and left the Republic of Korea on September 3,

B. On November 15, 2008, the Plaintiff was granted a change in the status of stay in other (G-1) qualifications on the ground that he/she would nursing B on December 9, 201, when he/she entered the Republic of Korea as a sojourn status for visiting employment (H-2) and resided again, and was used as a cerebrovascular and received hospitalization at a hospital on July 25, 201.

C. On May 7, 2014, the Plaintiff resided in the Republic of Korea with the above status of stay and applied for extension of the period of stay to the Defendant. On July 21, 2014, the Defendant rendered a disposition of refusing the said application (hereinafter “instant disposition”) against the Plaintiff on the ground that “the fact-finding survey results and there is no reason for the applicant sick” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 12 through 14 (including paper numbers), Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion B is currently in a situation where it is impossible to move due to cerebral blood, and there is no other guardian except for the Plaintiff. Therefore, the Plaintiff needs to continuously nurse B while residing in Korea.

Nevertheless, without considering these circumstances, the Defendant’s disposition denying the Plaintiff’s application for the extension of the period of stay is unlawful as it deviates from and abused discretion.

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

C. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree.” Article 25 of the same Act provides that “A foreigner shall continue to stay in excess of the period of stay.”