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(영문) 수원지방법원 2016.09.07 2015구합69899
체류자격변경허가 거부처분 취소
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. The Plaintiff, a Korean national of the People’s Republic of China, entered the Republic of Korea on a short-term visit (C-3) on November 24, 2010, and was staying in the Republic of Korea on October 13, 201 after changing his/her status of stay (H-2 on October 4, 2014, the expiration date of his/her stay period).

B. On October 10, 201, the Plaintiff, while staying in the Republic of Korea, received a summary order of KRW 700,000,000 (No. 201 high-level 16441) by committing a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Southern District Court, and received a disposition of suspension of indictment from the Suwon District Prosecutors' Office on April 1, 2014 as a violation of the Medical Service Act, and received a disposition of suspension of indictment from the Busan District Prosecutors' Office on April 24, 2014 to the violation of the Electronic Financial Transactions Act.

C. On November 19, 2013, the Plaintiff filed an application to change the status of stay to the Defendant as permanent residence (F-5) (hereinafter “instant application”). However, on February 2, 2015, the Defendant rendered a disposition to deny the change of status of stay to the Plaintiff on the ground of “unfitness” etc. (hereinafter “instant disposition”).

On February 11, 2015, the Plaintiff was dissatisfied with the instant disposition and requested for a trial on February 11, 2015, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request on August 21, 2015.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s mother who abused discretion is married to the Republic of Korea on August 28, 2006, and obtained permission for naturalization. The Plaintiff’s birth, which was a minor, also acquired the nationality of the Republic of Korea as a national of the Republic of Korea, and all of the Plaintiff’s family members currently stay in Korea as a national of the Republic of Korea, and all of the Plaintiff’s criminal records were subject to summary order or suspension of indictment. In light of the above, the instant disposition is an abuse of discretion and is unlawful. 2) The Plaintiff violating the principle of trust protection is against the Ministry of Justice.

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