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Cases
2017du69687 Revocation of revocation of permission for extension of sojourn period, etc.
Plaintiff Appellant
1. A;
2. B
Since the Plaintiffs are minors, legal representatives
Ministry of Parent C.
Parental parent D
Defendant Appellee
Head of the branch office of the Seoul Immigration and Foreign Office
The judgment below
Seoul High Court Decision 2017Nu62541 Decided October 17, 2017
Imposition of Judgment
September 13, 2018
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined.
Upon citing the judgment of the court of first instance, the lower court determined that the instant disposition was unlawful as it deviates from and abused discretionary power, in light of the following circumstances: (a) the Plaintiffs applied for the postponement of the departure period to the Defendant on January 23, 2017, which was after the instant disposition; and (b) the Defendant extended the departure period to the Plaintiffs on February 2, 2017, by April 23, 2017; (c) the Plaintiffs knew the period for lawful stay in the Republic of Korea from the time of entry due to the short-term visit (C-3) entry into the Republic of Korea as at the time of entry into the Republic of Korea; (d) the Plaintiffs was aware of the period for lawful stay in the Republic of Korea from the time of entry; (e) the Plaintiffs filed a lawsuit seeking revocation of the refusal of the extension of sojourn period; (e) the Plaintiffs’ parents
Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the said determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
The presiding judge shall keep the record of the Justice
Justices Lee Dong-won
Justices Park Jong-young
Justices Kim Gin-soo