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(영문) 수원고등법원 2020.06.10 2019누13400
체류자격불허결정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(a) An additional determination; 2. Additional determination

A. The Defendant’s argument management guidelines for the stay of the instant case provide that where a family member’s pregnancy and childbirth is proved and the parent’s death or it is difficult to provide support for childbirth and childcare for marriage immigrants due to old age of 65 or more, stay (F-1) may be allowed to the non-parent families of marriage immigrants, and the foregoing provision should be construed as “Death” or “age of 65 or more” of parents.

However, the parents of the Plaintiff and the Plaintiff’s female students did not “Death” and “age above 65” are not “age above 65,” and the fact that the parents of the Plaintiff and the Plaintiff’s female students received diagnosis as stated in the judgment of the first instance alone cannot be deemed to have a status corresponding to “Death” or “age above 65”.

As above, the defendant did not meet the requirements prescribed in the management guidelines for sojourn in this case, and thus the disposition in this case is legitimate.

B. The “administrative rules” that the superior administrative agency of the relevant legal doctrine set the work process guidelines or the standard of statutory interpretation and application to the affiliated public officials or subordinate administrative agencies is generally effective only within the administrative organization, and do not externally bind the people or the court.

A disposition is not immediately illegal solely on the ground that it violates administrative rules, but its legality is not guaranteed merely because the disposition is in accordance with administrative rules.

Whether a disposition is legitimate or not, but rather, the provisions of superior laws and regulations.

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