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(영문) 수원지방법원 2018.10.05 2018구단1316
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a man (B) of the nationality of Uzbekistan.

On May 17, 2017, the Plaintiff first entered the Republic of Korea as a short-term visit (C-3) sojourn status, and on July 25, 2017, the spouse (C-2-3)’s wife who is staying in the Republic of Korea as a status of stay for study-tiny (D-2-3) course of study (D-2-3) on July 25, 2017 entered the first domicile status as a status of stay for study-tiny (D-2-3) on February 22, 2017.

(F-3) An application for change of status of stay for reasons of the life of the party (F-3) was filed.

B. On August 8, 2017, the Defendant rendered the instant disposition to the Plaintiff, which rejected the alteration of the status of stay on the ground of the Plaintiff’s failure to meet the requirements for the alteration of status of stay (F-3).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Mar. 6, 2018; Presidential Decree No. 2420, Mar. 6, 2018).

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 1 through 6, the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); if a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33(1) of the Enforcement Decree of the Immigration Control Act. Accompanying (F-3) Status of stay is granted to a person as listed below (Article 10 of the Immigration Control Act and attached Table 12(1) of the Enforcement Decree of the same Act), or the spouse and minor of a person who falls under the status of stay (F-3), or of stay (F-1) through specific activities (E-7).

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