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(영문) 수원지방법원 2019.03.22 2018구단4001
체류기간연장등불허가처분취소
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 is a man of the Republic of Korea who is a second-born animal.

The Plaintiff entered the Republic of Korea with a visa of short-term visit (C-3) on December 2, 2017, upon the invitation of her husband (C) residing in Korea with the qualification of F-6-1) by marriage immigrants (F-6-1).

After that, on February 12, 2018, the Plaintiff filed an application with the Defendant for change of the status of stay for visiting and accompanying (F-1-5) on the grounds that he/she raises a female child.

B. On April 9, 2018, the Defendant rendered a disposition of denying the Plaintiff’s application (hereinafter “instant disposition”) on the ground that the Plaintiff’s omission of marriage immigrants, on the ground that he/she did not meet the eligibility for a visiting agent’s parent and family member (F-1).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the female mother of the Plaintiff, who is staying in the Republic of Korea, gave birth to the Plaintiff, and both parents and children of the female mother and children in Uzbekistan, enter the Republic of Korea on the basis of health or home form, and do not need to look at female mother and son.

Therefore, the plaintiff entered the Republic of Korea on behalf of his family in order to look at women and children on behalf of his family.

Although there are some circumstances, the Defendant’s rejection of an application for change of the Plaintiff’s status of stay, etc. is unfair to infringe on his/her fundamental human rights by fundamentally blocking the paths on which immigrants by marriage can receive assistance from their families, and thus, the Defendant’s disposition of this case must be revoked.

(b) Determination 1) If a foreigner staying in Korea intends to engage in an activity that constitutes the status of stay different from that of his/her status of stay, he/she shall obtain prior permission to change his/her status of stay (Article 24(1) of the Immigration Act and the period of stay

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