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(영문) 수원지방법원 2017.06.23 2016구단8863
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, as Mongolia, entered the Republic of Korea on February 20, 2012 under the status of study (D-2) in Mongolia, and entered the Social Welfare Department on March 2, 2012 and graduated from the said University on August 14, 2014.

On October 6, 2014, the Plaintiff was staying for two years after changing the status of stay for job seeking (D-10-1) on October 6, 2014, and applied for the change of the status of stay (E-7) to the Defendant on September 21, 2016, immediately before the expiration date of the period of stay (E-7).

B. On September 29, 2016, the Defendant rendered a non-permission disposition for extension of sojourn period, etc. (hereinafter “instant disposition”) pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act on the ground that the Plaintiff did not meet the requirements for change of sojourn status E-7 (Special Activities).

【Fact-Findings 1, Gap’s evidence 1, Gap’s evidence 2-1, Gap’s evidence 9, Eul’s evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Under the premise of discussion, ① A foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree (Article 10(1)); ② A foreigner who intends to be employed in the Republic of Korea shall obtain the status of sojourn eligible for employment as prescribed by Presidential Decree; a foreigner who has such status of sojourn shall not work at any place other than the designated working place; and no person shall employ any person who does not have such status of sojourn (Article 18); ③ A foreigner who stays in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance from the Minister of Justice (Article 24(1)); and ④ 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 from

(Article 25) According to the Enforcement Decree of the Immigration Control Act, ①.

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