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(영문) 서울행정법원 2016.01.28 2015구단57980
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. On May 23, 2006, the Plaintiff entered as a foreigner of the People's Republic of China's Republic of China as a relative visit (F-1) and applied for change of status of stay as an applicant for acquisition of nationality and permanent residence (F-5) around 2010, but the above applications were rejected due to criminal records and failure to conduct behaviors.

B. On May 15, 2012, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) and applied for a change of status of stay to the Defendant as a permanent resident (F-5) on the basis of the fact that he/she was a child of B who acquired Korean nationality on June 4, 2012.

C. On October 21, 2013, the Defendant: (a) examined whether B’s acquisition of B’s nationality is legitimate upon filing a voluntary report on non-acceptance of his/her identity; and (b) on June 25, 2015, recognized B’s acquisition of nationality on or around June 25, 2015; (c) on July 30, 2015, the Defendant rendered a non-permission decision (hereinafter “instant disposition”), such as extension of the period of stay with the purport of denying the Plaintiff’s application for alteration of his/her status of stay for “any other reason, such as good behavior, etc.” (hereinafter “instant disposition”).

On the other hand, around July 13, 2010, the Plaintiff was issued a summary order that he/she is punished by a fine of one million won for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Southern District Court. The above order became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered Korea upon the invitation of the mother who acquired the Republic of Korea nationality.

The plaintiff is working in a restaurant and is able to file an application for change of status of stay.

On April 2010, the Plaintiff received a summary order of KRW 1,00,000,000,000 as the walking day in response to the other party’s assault at a drinking house operated by the mother’s mother and other persons at a minor end.

The previous offense of a fine is more than five years after the sentence of a fine.

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