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(영문) 서울행정법원 2021.03.19 2020구단15560
체류자격변경허가거부처분 취소 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 2019, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term basis on August 1, 2019, and filed an application with the Defendant for permission to change the status of stay as a corporate investment (D-8) status on October 2, 2019.

B. On November 13, 2019, the Defendant issued an order for departure with the purport that “the Plaintiff shall be forced to leave because it falls under Article 20, Article 11(1)3 and 4, and Article 46(1)3 and 8 of the Immigration Control Act, but the Plaintiff wishes to voluntarily leave the Republic of Korea, pursuant to Article 68(1)1 of the same Act, to leave the Republic of Korea until December 12, 2019.” Further, on November 20, 2019 on the ground that the Plaintiff was subject to such order for departure, the Defendant decided not to permit the change of the above status of stay on November 20, 2019 (hereinafter collectively referred to as “each of the instant dispositions”).

On November 28, 2019, the Plaintiff filed an appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on June 23, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 3, 4, 6, 7, 8, and 15, and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The purport of the Plaintiff’s assertion is that the Plaintiff did not depart from the Republic of Korea and want to continue his business while staying in the Republic of Korea, and the Plaintiff’s decision not to permit the alteration of status of stay on the ground of a final order of departure constitutes a serious procedural defect, and thus, each of the dispositions

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

(c)

Judgment

1) Articles 10, 24(1) and 25 of the Immigration Control Act shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act on any foreigner who intends to enter the Republic of Korea, and if a foreigner who stays in the Republic of Korea intends to engage in an activity falling under the status of stay different from that of the said status of stay, the foreigner shall obtain prior permission to change the status of stay from the Minister of Justice

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