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(영문) 서울고등법원 2015.10.30 2014누42096
체류기간연장등불허가처분취소
Text

The judgment of the first instance shall be revoked.

On May 4, 2013, the Defendant rejected the Plaintiffs from extending their sojourn period.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), A1-6, A23, and the purport of the whole pleadings;

A. On February 25, 200, Plaintiff A entered the Republic of Korea as a visa exemption (B-1) and left the Republic of Korea after obtaining permission to change the status of stay for corporate investment (D-8). On August 31, 2001, Plaintiff A re-entry the Republic of Korea as an enterprise investment (D-8) qualification and stay in the Republic of Korea.

Plaintiff

E enters the Republic of Korea with a visa on August 27, 2007 on a short-term visit (C-3) visa and stays in the Republic of Korea upon obtaining permission to change the status of stay for business investment (D-8) on October 29, 2007.

Plaintiff

I entered the Republic of Korea on January 19, 2001 as a visa exemption (B-1) and stays in the Republic of Korea upon obtaining permission to change the status of stay on April 17, 2001 (D-8).

B. On March 20, 200, Plaintiff A invested USD 64,486 (limited to KRW 75,000,000), and thereby incorporated a mutual-invested company, which aims at the export and import of, and trade in, electronic equipment, textile products, etc. (hereinafter “instant company”). Plaintiff E invested USD 56,965 (limited to KRW 50,00,000) around October 12, 2007, and Plaintiff I invested USD 43,986 (limited to KRW 50,000) around August 1, 2003, respectively.

The above plaintiffs have operated the company of this case jointly, and are currently serving as the representative director of the company of this case.

C. Plaintiff B, C, and D are the spouse and children of Plaintiff A, and Plaintiff F, G, and H are the spouse and children of Plaintiff E.

They are staying in the Republic of Korea as the spouse or unmarried minor female of a company-investment (D-8) holder of status of stay (F-3) status of stay.

On April 10, 2013, Plaintiffs A, B, C, and D applied for the extension of the period of stay in the same qualification as that of each existing qualification on April 12, 2013, Plaintiff E, F, G, and H, and Plaintiff I applied for the extension of the period of stay on April 3, 2013.

On May 4, 2013, the Defendant refers only to Plaintiff A, E, and I (hereinafter referred to as “Plaintiff A, etc.”) for convenience.

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