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(영문) 서울행정법원 2014.08.22 2014구합9967
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), entered the Republic of Korea with a visa issued on December 1, 200 in the name of A (A and B) on a short-term visit (C-3, 30 days).

After that, the status of stay was changed to non-professional employment (E-9) on October 15, 2003 in accordance with the policy for the law of the law of the law of the overseas Koreans, while illegally staying in Korea after the expiration of the period of stay. On March 23, 2005, the period of stay was over March 23, 2005, and voluntarily departed on April 13, 2005.

On September 19, 2005, the Plaintiff issued a passport issued in the name of C (C, D) and entered the Republic of Korea with the status of stay for visit (F-1) as a national of the Republic of Korea on September 19, 2005, and stayed in the Republic of Korea by changing the status of stay to non-professional employment (E-9) on December 16, 2005.

On March 19, 2007, the Plaintiff reported the marriage with F who is a national of the Republic of Korea on March 19, 2007, and obtained the change of status from the Defendant to the spouse of the citizen (F-2) on November 12, 2007.

On March 31, 2010, the Plaintiff filed an application for naturalization with the Minister of Justice on March 31, 2010. The Minister of Justice instructed the Defendant to investigate the fact on July 20, 2012, while the Plaintiff was suspected of so-called “laundry” such as the use of a name passport.

As seen above, the Defendant revealed the fact that the Plaintiff had stayed in the Republic of Korea using a passport with different names, and ordered the Plaintiff to file a voluntary report on the fact that the Plaintiff had left the Republic of Korea in accordance with the “voluntary report on the person who was under the jurisdiction of the Republic of Korea.”

Accordingly, on October 5, 2012, the Plaintiff reported to the Defendant the fact that he/she was not aware of his/her identity, and left China on November 2, 2012.

On the other hand, on November 16, 2012, the Minister of Justice rendered a disposition of denying the Plaintiff’s application for naturalization.

The voluntary report system for identity in Korea is inconsistent with the personal information on the passport at the time of the present and past stay in Korea.

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