logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.06.20 2018구합13513
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 March 26, 2013, the Plaintiff entered the Republic of Korea as an alien of ASEAN’s nationality, and completed a master’s degree course at a graduate school in the management department of B University, and completed February 26, 2015.

The permission for extension of the period of September 30, 2015, which is September 22, 2015, the first permission for the extension of the period of September 30, 2015, on March 26, 2013 classified as the date of permission on March 26, 2015; and the permission for the extension of the period of September 30, 2018, on September 30, 2015, the first permission for the extension of the period of September 30, 2015; and

B. The Plaintiff’s expiration date of the first status of stay is March 26, 2015. The Plaintiff obtained five extension of the period of stay as follows in order to prepare a master’s degree thesis after completing a master’s degree course. On September 28, 2018, the Plaintiff applied for extension of the period of stay again to the Defendant on September 28, 2018, but was non-permission on November 23, 2018 (hereinafter “instant disposition”).

C. The Plaintiff obtained a master’s degree on February 2019, and continues to stay in Korea until now according to the Defendant’s postponement of departure period.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made in deviation from and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) Immigration Control Act (amended by Act No. 15492, Mar. 29, 2018; hereinafter the same applies)

(1) Articles 10(1) and 25 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 29163, Sep. 18, 2018; hereinafter the same shall apply)

Comprehensively taking into account the forms and contents of the relevant provisions, such as Articles 12 and 31(1), and the fact that permission for extension of the period of stay has the nature of a permanent disposition that grants the applicant the right to continue to stay in excess of the initial period of stay, the permission-granting authority to extend the period of stay shall take into account the applicant’s eligibility, the purpose of stay, and the impact on public interest.

arrow