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(영문) 대구고등법원 2018.07.27 2017누7505
출국명령처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. Plaintiff A entered the Republic of Korea on a short-term visit (C-3) on February 5, 2003, but was changed to non-professional employment (E-9) on October 4, 2003. From August 16, 2007, the status of stay was changed to a trade management (D-9) status from April 9, 2013. (The expiration date of stay: April 6, 2017). The above Plaintiff currently operated a ham factory called “H” in Daegu-gu, Daegu-gu, Seoul and Daegu-gu, Seoul-gu, where “H” was operated, and the Plaintiff B changed the status of stay to a non-professional employment (E-9) status of the Plaintiff’s wife (hereinafter referred to as “Plaintiff’s husband and wife”), and the status of stay was changed to a non-professional employment status of the Plaintiff’s spouse (hereinafter referred to as “Plaintiff’s spouse”), and the status of stay was changed to a short-term employment status of 30/30,2015.

(Period of expiration of the period of stay: (a) On April 6, 2017, the Plaintiff C was a child of the Plaintiff’s husband and wife and entered the Republic of Korea on April 5, 2016 as a foreigner of U.S. nationality exemption (B-1) sojourn status; (b) on the same day, the status of stay was changed to a minor’s accompanying (F-3) sojourn status (the expiration date of the stay period: April 6, 2017). (c) The Defendant’s application for permission to extend the sojourn period was defective on March 20, 2017, and the Plaintiffs were signed by the Plaintiff’s husband and wife on April 6, 2017, and each of the instant dispositions was issued to the Plaintiff’s husband and wife, and notified the Plaintiff’s husband and wife of the non-permission notice on the Plaintiff’s refusal notice on the extension of sojourn period, etc. and the Plaintiff’s non-permission notice on the Plaintiff’s departure order and the extension of sojourn period.

2. On April 6, 2017, the Defendant was punished by a fine for the crime of violating the Food Sanitation Act, etc. on several occasions against the Plaintiff, and the Plaintiff B, who is the wife, is at the workplace.

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