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(영문) 서울행정법원 2014.09.25 2014구합5675
체류기간연장등불허가처분취소
Text

1. The Defendant’s rejection decision on December 24, 2013, such as the extension of sojourn period, against the Plaintiff, shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 3, 2004, the Plaintiff was a foreigner of the Islamic Republic of Pakistan (hereinafter “Skistan”), and entered the Republic of Korea as the status of sojourn for industrial training (D-3 and year of sojourn) (E-8) on December 3, 2004, and the said status of sojourn for training (E-8) was prescribed in [Attachment 1] 25-2 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 20076 of June 1, 2007), but the Enforcement Decree of the Immigration Control Act was deleted as of June 1, 2007 by Presidential Decree No. 200766 of the Enforcement Decree of the Immigration Control Act.

On April 3, 2011, which was the expiration date of the period of stay, filed an application for the recognition of refugee with the Defendant on May 20, 201, when the status of stay was changed to non-professional employment (E-9) and other status of stay (G-1).

B. On September 26, 2012, the Defendant rejected the Plaintiff’s refugee application on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

(hereinafter referred to as “instant decision on refugee status”) C.

On October 22, 2012, the Plaintiff raised an objection against the decision of non-recognition of refugee status of this case to the Minister of Justice, but the Minister of Justice dismissed it on May 20, 2013.

On May 30, 2013, the Plaintiff filed a lawsuit seeking the revocation of the instant decision to recognize refugee status, but this court dismissed the Plaintiff’s claim on October 15, 2013.

(Seoul Administrative Court 2013Guhap14207). The plaintiff appealed, but the Seoul High Court rendered a judgment dismissing the plaintiff's appeal on May 15, 2014 (Seoul High Court 2013Nu49878) and the judgment of the first instance court on May 31, 2014 became final and conclusive.

E. The Plaintiff is a national of the Republic of Korea on October 17, 2013, who was staying in the Republic of Korea as a sojourn status of other (G-1) sojourn granted a grace period from the Defendant on the grounds of the said administrative litigation.

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