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(영문) 서울중앙지방법원 2018.11.14 2018고단6622
출입국관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Status of the Defendant】 On January 29, 1992, the Defendant, as a person exempted from the visa (B-1, 90 days of stay) and had engaged in illegal stay beyond the period of stay, and had the departure order issued by the immigration authority on January 20, 1994. On June 27, 1994, the Defendant married with C on October 12, 1996, entered the Republic of Korea and acquired the nationality of the Republic of Korea on April 23, 2004.

【A foreigner who enters the Republic of Korea and applies for refugee status (hereinafter referred to as “resident status application”), the applicant for refugee status may raise an objection against the said decision to the Minister of Justice, if the head of the immigration immigration office, etc. under the Immigration Control Act, etc., sent the result of the examination to the Minister of Justice and the head of the immigration immigration office, etc., and the Minister of Justice makes a decision on non-recognition of refugee status.

In addition, if the Minister of Justice dismisses an objection filed by a refugee applicant, the refugee applicant may file a lawsuit to revoke the refugee status of the Minister of Justice and continue to dispute the status of the refugee status.

A person applying for refugee status, immediately after applying for refugee status, is issued a visa (G-1) upon the application for refugee status, and has the qualifications to legally stay in Korea from that moment, and the status of refugee status is not finally recognized by the court.

Even if the above series of appeals procedures take at least two to three years to take place, and the amount of money has been employed in Korea during that period, it can be viewed as economic benefits even if it is later forced to leave.

In addition, if refugee applications are recognized through the above objection procedures, refugee applicants are issued a visa (F-2) and are not subject to any restriction on domestic employment, and the effective period of a visa resident can be renewed without a three-year restriction, and ultimately, permanently staying in Korea.

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