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(영문) 서울행정법원 2015.05.15 2015구단755
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 March 9, 2014, the Plaintiff of the People’s Republic of China: (a) entered and staying in the Republic of Korea on a short-term visit (C-3) sojourn status; (b) on May 23, 2014, filed an application for permission to change the status of stay (F-1) with the Defendant (hereinafter “instant application”).

B. On May 29, 2014, the Defendant rendered a disposition rejecting the said application on the ground that the Plaintiff does not meet the requirements for sojourn status of visiting and staying together (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 1, Eul 2, 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case constitutes “child-child visit and family living together,” which is a requirement for sojourn status of visiting and living together (F-1) under the Immigration Control Act, to assist the father and wife’s family affairs, and thus, the Defendant’s disposition of this case is unlawful as it deviates from and abused discretion.

B. According to Article 10(1) of the Immigration Control Act (hereinafter “Act”), any foreigner who intends to enter the Republic of Korea shall have the status of sojourn prescribed by Presidential Decree, and pursuant to Article 17(1) of the Act, any foreigner may stay in the Republic of Korea within the scope of his/her status of sojourn and the period of sojourn. According to Article 24(1) of the Act, any foreigner who stays in the Republic of Korea intends to engage in an activity that falls under the status

Furthermore, pursuant to Article 12 [Attachment 1] 26 of the Enforcement Decree of the Act, the status of stay for visiting and staying in (F-1) among the status of stay for foreigners under Article 10(1) of the Act is "persons recognized by the Minister of Justice as persons who intend to stay in the country for a relative visit, family living together, support, family settlement, and other similar purposes."

C. (1) The plaintiff is the mother of B (China's nationality) who holds the status of stay for residence (F-2) and the mother of C (F-5) who holds the status of stay for permanent residence (F-5) who is his spouse, at the time of the instant disposition.

(2) Meanwhile, C on the other hand, 2015.

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