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(영문) 서울고등법원 2016.04.12 2015누70067
체류기간연장등불허가처분취소
Text

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.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the reasons for the judgment as follows. Thus, it shall accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. Following the fourth instance judgment of the first instance court, the following is added.

【The Plaintiff may enter the Republic of Korea at any time with a short-term visit (C3) visa issued by the invitation of both husband and wife C】

B. The following is added following the fourth and fifth of the judgment of the first instance.

Now) If the Plaintiff entered the Republic of Korea with a visa on June 15, 2014 (C3) on a short-term visit (C3), and C adopted the Plaintiff on August 6, 2014, and thereafter, the Plaintiff applied for permission to change the status of stay to the Defendant on September 2, 2014, the principal purpose of C’s adoption seems to be to allow C to stay in the Republic of Korea. (6) If the Plaintiff entered the Republic of Korea with a relatively alleviated status of stay, but can easily stay in the Republic of Korea through an application for change of status of stay, the examination procedure for permission to change the status of stay is likely to escape, and thus, the requirements for permission to change the status of stay should be determined strictly in accordance with the requirements for permission to change the status of stay.)

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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