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(영문) 서울행정법원 2016.10.12 2016구단11219
체류기간연장등불허가처분취소
Text

1. The Defendant’s disposition of denying the extension of sojourn period, etc. against the Plaintiff on April 8, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a foreigner of Mongolian nationality, entered the Republic of Korea on February 4, 2016 on a short-term visit (C-3) sojourn status (C-3 on May 4, 2016) (the expiration date of stay period).

B. On February 29, 2016, the Plaintiff filed an application with the Defendant for permission of change of status of sojourn to the status of general training (D-4) (hereinafter “instant application”).

C. On April 4, 2016, the Defendant sent a letter to the Plaintiff to supplement the details of the passbook transaction for four months until April 7, 2016. The Plaintiff withdrawn the instant application on the ground that the document was insufficient on April 8, 2016.

On April 8, 2016, the Defendant rendered a disposition to deny the alteration of the status of stay (hereinafter “instant disposition”) against the Plaintiff on the ground of “the withdrawal of the status of stay, etc.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion withdrawn the instant application, the Defendant did not reject the instant application, the Defendant rendered the instant disposition on the ground of voluntary withdrawal, etc.

Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Article 17(8) of the Administrative Procedures Act provides that an applicant who has filed an application with the Administration may supplement, modify, or withdraw the contents of the application before the disposition is made, except where there are special provisions in other Acts and subordinate statutes or where it is impossible to supplement, modify, or withdraw the application due to its nature. In this case, we examine whether the above provision of the Administrative Procedures Act applies.

According to Article 3 (1) of the Administrative Procedures Act, in principle, the Administrative Procedures Act is applied to a disposition. However, Article 3 (2) of the Administrative Procedures Act does not apply to cases where the Administrative Procedures Act is excluded.

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