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(영문) 서울행정법원 2015.06.05 2015구단823
체류자격변경불허처분취소
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 shipbuilding of the nationality of the People's Republic of China born (hereinafter "China"), and entered the Republic of Korea on October 6, 2007 as a visiting employment (H-2) invitation of ASEAN.

B. On November 13, 2008, the Plaintiff filed an application with the Refugee Agency for refugee status in the capacity of refugee applicants (G-1-5) on November 18, 2008, but was subject to a disposition of denial of refugee status on August 23, 2010.

C. The Plaintiff filed an application for change of status of stay in the capacity of residence (F-2), but the application for change of status of stay was rejected on December 6, 2010.

Although the Plaintiff filed an administrative litigation against the refusal of recognition of refugee status, the Plaintiff lost on March 13, 2014. The Plaintiff was granted the postponement of departure from the Republic of Korea from December 6, 2010 to April 24, 2015 on the grounds of the foregoing administrative litigation, etc.

E. On May 20, 2014, the Plaintiff filed an application for change of the status of stay to the Defendant as an overseas Korean (F-4). However, on June 10, 2014, the Defendant rendered a disposition to deny the application on the ground that the Plaintiff did not obtain any status of stay in the current status of being postponed and does not meet the requirements for change of the status of stay (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 evidence, Eul 1, 3 and 4 evidence (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the enforcement rules of the Immigration Control Act, the Plaintiff’s assertion that the Plaintiff fell under a foreign nationality Korean who is 60 years of age or older and is subject to the qualification of overseas Koreans (F-4) and the qualification of overseas Koreans (F-4) is not restricted. The Plaintiff is a descendants of the persons of distinguished services to the national independence, the Plaintiff’s children are residing in the Republic of Korea with the nationality of the Republic of Korea, and the Plaintiff may be subject to serious dangerous situations at the time of departure from China due to

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