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(영문) 서울행정법원 2018.08.22 2017구단33384 (1)
체류자격 변경 허가 거부처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 26, 2016, the Plaintiff entered the Republic of Korea’s nationality as a foreigner of the People’s Republic of China’s sojourn status (E-7 on the expiry date: February 26, 2017) for a specific activity (E-7) sojourn status, and worked as a main restaurant from the Chinese restaurant named “B” to the main restaurant, and filed an application for a change of sojourn status with the Defendant (D-10) on the same day on the same day.

Since it has been decided not to permit the extension of the period of stay, etc. for which you have applied for under Article 33 of the Enforcement Decree of the Immigration Control Act, he shall notify his departure by the designated departure deadline.

Y200 1. 1. 1. 33. 1. 3. 1. 1. 3. 1. 1. 1. 1. 1. 1. 1. 1. 3. 3. 3. 3. 3. 3. 3. 3. 3. 1. 1. 1. 3. 3. 3. 3. 1. 1. 1. 1.

On March 3, 2017, the Defendant issued to the Plaintiff a non-permission notice on the extension of the period of stay, etc. (Disprovor, c.) stating the following in attached Form 43 of the Enforcement Rule of the Immigration Control Act, on the ground that the Defendant’s refusal notice on the extension of the period of stay, etc. was a ground for denying “any other grounds, such as failure to meet the requirements,” under the grounds for denying the application of the attached Table 43 of the Enforcement Rule of the Immigration Control Act.

(hereinafter referred to as “instant notice”). C.

On March 3, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on March 3, 2017, deeming that the instant notification constituted a decision not to permit the change of status of stay, but the Central Administrative Appeals Commission dismissed the request for administrative appeal on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 5 through 9, the purport of the whole pleadings

2. ex officio, determination of the illegality of the instant lawsuit is dismissed. The notification of this case is denied the alteration of the status of stay that response to the Plaintiff’s application for permission to change the status of stay.

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