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(영문) 수원지방법원 2017.12.15 2017구단8570
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) The plaintiff is a foreign woman of the nationality of the Republic of Korea.

On July 4, 2011, the Plaintiff entered the first place of stay for general training (D-4) and was changed to the status of stay for studying (D-2) on June 19, 2012 on the ground that he/she attends Naran University.

After graduating from Nabran University, the Plaintiff was changed to the status of stay on August 24, 2016 for job-seeking activities (D-10), and obtained the extension of the period of stay on February 6, 2017. On August 23, 2017, the Plaintiff again applied for the extension of the period of stay.

B. On August 25, 2017, the Defendant rendered a non-permission decision on the extension of sojourn period, etc. (hereinafter “instant disposition”) against the Plaintiff on the ground of “requirements for Non-performance, etc.”

【Non-contentious facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 10, the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); if a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33(1) of the Enforcement Decree of the Immigration Control Act (Article 33(1) of the Enforcement Decree of the Immigration Control Act). Status of stay for job-seeking (D-10) is granted to persons as shown below (Article 10 of the Immigration Control Act, attached Table 1 of Article 12 of the Enforcement Decree of the Immigration Control Act), or persons falling under status of stay (H-10).

(a) A person recognized by the Minister of Justice as a person who intends to receive a training, job-seeking, etc. to be employed in an area corresponding to sojourn status (excluding employees of public performance establishments determined by the Minister of Justice among sojourn status of art promotion (E-6)) through specific activities (E-1);

(b) corporate investment (D-8);

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