logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.25 2017고단8705
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant entered the Republic of Korea as a visiting employment qualification (H-2 visa) and stays there.

1. If a foreigner violating the Immigration Control Act enters the Republic of Korea and applies for refugee status (hereinafter referred to as “resident status applicant”), the refugee status applicant may raise an objection against the said decision to the Minister of Justice.

In addition, if the Minister of Justice dismisses an objection filed by a refugee applicant, the refugee applicant may file a lawsuit to revoke the refugee status of the Minister of Justice and continue to dispute the status of the refugee status.

A person applying for refugee status, immediately after applying for refugee status, is issued a visa (G-1) upon the application for refugee status, and has the qualifications to legally stay in Korea from that moment, and the status of refugee status is not finally recognized by the court.

Even if the above series of appeals procedures take at least two to three years to take place, and the amount of money has been employed in Korea during that period, it can be viewed as economic benefits even if a subsequent deportation is enforced.

In addition, where refugee applications are recognized through the aforementioned objection procedures, refugee applicants are issued by non-resident visa (F-2) and are not subject to any restriction on domestic employment, and the effective period of non-resident visa can be renewed without three years restriction, and ultimately, they can permanently stay in Korea.

Around September 2016 when the defendant was well aware of the above refugee application procedure, the defendant visiting a law firm "F" branch office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul to solve the illegal stay problem of the defendant's wife D around September 2016, upon request of G attorney-at-law to introduce if there is a Chinese person who is in need of refugee application from G attorney-at-law while counseling with G attorney, and general tourist visa (C-3 visas, maximum).

arrow