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(영문) 수원지방법원 2019.04.26 2018구단4032
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. The Plaintiff, a foreigner of the People’s Republic of China’s nationality, entered the Republic of Korea on a short-term visit (C-3) visa on March 3, 2015, and applied for refugee status on April 3, 2015, and continued to stay in the Republic of Korea on June 10, 2016 after obtaining permission for changing the status of stay on June 16, 2016.

B. After that, on July 19, 2016, the Plaintiff received a decision to deny refugee status from the head of the Seoul Immigration Office, and the Plaintiff filed an objection with the Minister of Justice on August 5, 2016, but the objection was dismissed on December 7, 2017.

C. On February 21, 2018, the Plaintiff filed an application for permission to extend the period of stay with the Defendant, but on March 14, 2018, the Defendant rendered a disposition to deny the application on the ground of “unqualified Requirements, etc.” (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on March 23, 2018, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on September 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that if the Plaintiff returned to his own country the gist of the Plaintiff’s assertion, it is clear that he would be subject to new disadvantage, such as arrest, due to religious reasons, the Defendant’s disposition that denied the Plaintiff’s application for extension of the period of sojourn based on humanitarian grounds is unlawful as it deviates from and abused discretion.

B. Determination 1) Articles 10(1), 24(1), and 25 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018) shall have the status of stay prescribed by Presidential Decree. An alien who intends to enter the Republic of Korea shall obtain the status of stay prescribed by Presidential Decree. If an alien who stays in the Republic of Korea intends to engage in an activity that differs from his/her status of stay, the alien shall obtain prior permission to change the status of stay from

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