(영문) 서울행정법원 2018.11.28 2018구단65852

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(영문) 서울행정법원 2018.11.28 2018구단65852

체류자격변경 불허가처분 취소청구의 소

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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 June 15, 2013, the Plaintiff, a national of the People’s Republic of China, entered the Republic of Korea on a short-term visit (C-3) sojourn status on a short-term visit (H-2), and continued to stay in the Republic of Korea upon obtaining permission to change the status of stay for visiting employment (H-2), and changed the status of stay to the status of stay for residence (F-2) as the spouse of the wife B (B and C) who has already acquired the status

B. On August 3, 2015, the Plaintiff applied for the permanent residence (F-5) status to the Defendant on the ground that the applicant was not granted the status of stay on September 9, 2016, but the decision of non-permission was made on the ground that the applicant was not granted the status of permanent residence (F-5). B was revoked on November 23, 2016.

C. On May 29, 2018, the Plaintiff filed an application with the Defendant for change of the status of stay (F-2) from the existing sojourn status (F-4) to overseas Koreans (F-4) (hereinafter “instant application”). However, on June 25, 2018, the Defendant rendered a decision of nonpermission on the said application (hereinafter “instant disposition”).

Meanwhile, even before entering the Republic of Korea on June 15, 2013, the Plaintiff had been staying in the Republic of Korea as follows.

On November 11, 1995, when entering into the passport in the name of D (E-the date of birth and the date of birth are different) and illegally staying there on January 4, 2006, a deportation order is issued. On December 9, 2006, when entering the passport in the name of D (F-1) and making a foreigner registration and staying there on December 6, 2009, while entering the status of stay for visiting employment (H-2) and staying there on December 6, 2010, while applying for a change of the status of stay to the status of stay in the name of overseas Koreans (F-4) on October 19, 2012, and upon confirmation of non-existence of the identity, the purport of each of subparagraphs 1, 2, and 5-1 and each of subparagraphs 1 and 1 of the arguments is confirmed.

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion.

유사 판례

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