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(영문) 인천지방법원 2020.02.25 2019구단1637
체류기간연장불허결정처분취소
Text

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 May 14, 2018, the Plaintiff entered the Republic of Korea with the qualification of C-3 (short-term visit) as a male of the Republic of Korea’s nationality, and on August 9, 2018, when the diagnosis name submitted to the Defendant a letter of opinion (Evidence B (Evidence B) stating that “the primary work and the cerebral brain outbreak, the closure of the maleculous bee and the marc beec bee and beevance”) to the Defendant, the Plaintiff applied for the change of the status of stay in the capacity of September 4, 2018, and obtained the change of status of stay

B. On August 7, 2019, the Plaintiff, for whom the extension of the period of stay was granted three times thereafter (on November 15, 2018, February 11, 2019, May 17, 2019), issued a decision not to grant the extension of the period of stay (hereinafter “instant disposition”), on the ground that the Plaintiff, for whom the extension of the period of stay was granted on the same name of sick, was defective, and the Defendant, on August 8, 2019, did not recognize “the necessity of stay for medical treatment” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff's treatment is during the treatment due to the culposis, cerebrovascular, chronic renal failure, etc., and needs further hospital treatment for the examination and the brain cT tracking observation, and thus, the plaintiff's altitude cannot return to the plaintiff's high end. Thus, the disposition of this case which rejected the plaintiff's period of stay is unlawful by abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) If a foreigner staying in Korea intends to engage in an activity that differs from his/her sojourn status, a permit to change his/her sojourn status must be obtained (Article 24(1) of the Immigration Control Act). If a foreigner intends to continue his/her sojourn in excess of his/her sojourn period, he/she shall obtain the permission to extend his/her sojourn period before the period of sojourn expires (Article 25 of the Immigration Control Act). If such permission is not granted, he/she shall issue a notice of non-permission decision, such as

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