체류자변경신청 불허처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On December 23, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Thailand, with the status of stay for visa exemption (B-1).
On January 22, 2018, the Plaintiff filed an application for change of the status of stay with the Defendant as an enterprise-investment (D-8) capacity, but the Defendant denied the said application on June 4, 2018 on the ground that “the Plaintiff did not meet the requirements for change of status of stay D-8 as a result of the fact-finding survey.”
(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition is based on the following facts: (a) there is no dispute; (b) Gap evidence No. 1, Eul evidence No. 9; and (c) the purport of the entire pleading of the Plaintiff’s assertion as to the legitimacy of the instant disposition, the Plaintiff owned 6.66% of shares by investing KRW 100 million in the stock company B (hereinafter “instant company”) which is a foreign-invested company under the Foreign Investment Promotion Act; and (c) it is registered as an internal director of the instant company; and (d) it constitutes a person in charge of importing Thai Products and satisfies the requirements for status of stay for
Nevertheless, it is unlawful for the Defendant to take the instant disposition on a different premise.
In addition, the defendant also citing the circumstances that the plaintiff had been illegally staying in the Republic of Korea due to the disposition of this case, but the plaintiff meets such requirements by trust in the statutes concerning the status of corporate investment sojourn and the defendant's notice. The defendant's mere disposition of this case on the ground of the plaintiff's past speculative defect is against the principle of trust protection, and it is illegal that the defendant violated the principle of equality and the principle of proportionality and abused discretion.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
According to Article 12 [Attachment 1] subparag. 17(a) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 29163, Sept. 18, 2018; hereinafter the same), in order to qualify as sojourn status for corporate investment (D-8), the management and administration of foreign-capital invested companies under the Foreign Investment Promotion Act shall be conducted.