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(영문) 서울행정법원 2017.04.25 2016구단61177
체류자격변경불허처분취소소송
Text

1. The Defendant’s disposition of denying the extension of sojourn period, etc. against the Plaintiffs on September 8, 2016 is revoked.

2...

Reasons

Details of the disposition

The Plaintiffs are foreigners of Chinese nationality, and Plaintiff A and B entered the Republic of Korea respectively as the short-term visit (C-3) sojourn status on June 2, 2016, Plaintiff C as the short-term visit (C-3) sojourn status on July 18, 2016, Plaintiff D as the short-term visit (C-3) sojourn status on July 25, 2016, Plaintiff E as the short-term visit status on July 25, 2016, and Plaintiff E as the tourism channel (B-2) sojourn status on July 18, 2016.

Plaintiff

On August 2, 2016, A and B filed an application with the Defendant for change of status of stay (hereinafter “instant application”) in the capacity of corporate investment (D-8), Plaintiff C, D, and E as a partner (F-3) with the Defendant on August 2, 2016, but the Defendant rejected all of the above applications on September 8, 2016 on the ground that “Plaintiff A, B, and B did not meet the requirements for change of status (the grounds for disqualification, such as non-essential professionals, long-term illegal stay, etc., and the use of a passport under the name of another person in the past)” with the Plaintiffs on September 8, 2016.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case has no dispute, entry of Gap’s evidence Nos. 21 through 35, the purport of the whole pleading, and Article 10 (Status of Sojourn) of the Immigration Control Act related Acts and subordinate statutes.

(2) The maximum period of sojourn permissible at one time shall be prescribed by Ordinance of the Ministry of Justice.

Article 24 (Permission to Change Status of Sojourn) (1) If a foreigner staying in the Republic of Korea intends to engage in any activity falling under the status of sojourn other than his/her status of sojourn, he/she

(2) A person falling under any subparagraph of Article 31 (1) who intends to change his/her status of sojourn due to a change in his/her status shall obtain permission to change his/her status of sojourn from the Minister of Justice within 30

Sojourn status of foreigners under Article 12 (Classification of Sojourn Status) of the Enforcement Decree of the Immigration Control Act shall be as specified in attached Table 1.

16. Residence (D-7) Scope of activities of persons falling under the status of stay (marks)

(a) a foreign country;

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