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(영문) 서울행정법원 2017.01.09 2016구단63227
체류자격변경 불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 7, 2016, the Plaintiff entered the Republic of Korea with a visa for general tourism (C-3-9, 90 days), one of the visa at short-term visits (C-3) on a short-term visit (C-3) on July 7, 2016.

On October 4, 2016, the Plaintiff filed an application for change of status of stay with the Defendant as other (G-1-10) qualifications.

On October 18, 2016, the defendant decided not to permit the change of the status of stay on the ground that there is no inevitable reason to stay in Korea against the plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 7, Eul evidence 1 and 2 (including additional numbers), the purport of the entire pleadings

2. Whether the disposition is lawful;

A. On September 2016, the Plaintiff asserted that, while entering and staying in Korea as a general tourism (C-3-9) capacity to assist his/her father’s Korean living, he/she started to feel a pain on the side of his/her clothes around early September 2016 and continued to prove that he/she has a problem in his/her body. On September 12, 2016 and September 22, 2016, the Plaintiff visited the B Hospital to check “a multi-lateral pasium, the left-hand pasium, and the pasium pasium pasium pasium pasium pasium spasium spasium spasium spasium spasium spasium spasium spasium spasium spasium spasium spasium spasium spasium

The Plaintiff was in a situation where it is inevitable for the Plaintiff to change the status of stay to G-1-10 as it requires at least two to three months medical treatment and medical treatment in order to completely recover after the surgery, and thus, the instant disposition constitutes an abuse of discretionary authority.

B. Articles 10, 12(1), 12(3)2, 12(4), 17, and 24(1) of the Immigration Control Act (hereinafter “Act”) requires that any foreigner who intends to enter the Republic of Korea shall obtain such status of sojourn as prescribed by the Presidential Decree. Any foreigner who intends to enter the Republic of Korea after conducting an entry inspection shall obtain such status of sojourn; where the purpose of entry meets the status of sojourn; he/she may stay within the scope of his/her status of sojourn and period of sojourn after entry; and when he/she intends to change

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