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(영문) 수원지방법원 2019.04.26 2018구단4049
체류자격변경불허결정처분취소
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. On December 4, 2013, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) on December 4, 2013, and thereafter, had been staying in the Republic of Korea upon obtaining permission for extension of the period of stay until October 3, 2018.

B. On October 1, 2018, the Plaintiff filed an application for refugee status recognition with the Defendant and filed an application for change of status of stay in other (G-1) qualifications. However, on October 15, 2018, the Defendant rendered a disposition denying the Plaintiff’s application for change of status of stay (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff filed an application for refugee status for the first time, and filed an application for refugee status before.

Nevertheless, the defendant erred and rejected the plaintiff's application for permission to change the status of stay on the ground that the plaintiff is "the applicant for re-applicant without changing the circumstances". The disposition of this case is an important error in fact-finding which is the basis of the fact-finding, and thus it

B. According to Articles 10, 24(1) and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and an alien who stays in the Republic of Korea intends to engage in an activity falling under any of the status of stay different from his/her status of stay shall obtain a permit to change his/her status of stay from the Minister of Justice in advance, and an alien shall obtain a permit to extend the period

Therefore, a foreigner may stay only within the scope of the status and the period of sojourn recognized at the time of initial entry, and if the foreigner needs to continue to stay in Korea, after departure.

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