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(영문) 대구지방법원 2015.09.16 2015구합730
체류자격변경불허처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 1, 2005, the Plaintiff entered the Republic of Korea as a person with the nationality of Pakistan (D-3).

B. On January 23, 2006, the Plaintiff was staying in the country by changing his status of stay to the qualification for training employment (E-8) and did not depart until August 2, 2008, the expiration date of the period of stay.

On November 12, 2009, the Plaintiff, while staying illegally after August 3, 2008, obtained the approval of medical care from the Korea Workers' Compensation and Welfare Service (not later than May 10, 201) due to industrial accidents. On February 25, 2010, the Plaintiff granted the Defendant the other status of stay (G-1) for medical care and recuperation, and extended the period of stay until March 28, 201.

C. The Plaintiff, while staying illegally after March 29, 201, was subject to an industrial accident on November 13, 2013, obtained approval for medical care from the Korea Workers’ Compensation and Welfare Service (til February 8, 2014). On December 20, 2013, the Plaintiff extended the period of stay until August 19, 2014 after obtaining the Defendant’s other status of stay for medical treatment and recuperation (G-1).

On June 11, 2014, the Plaintiff married with B, a Korean national female, and filed an application for change of status of stay with the Defendant on July 10, 2014 (F-6).

E. After investigating the actual condition of the Plaintiff on December 10, 2014, the Defendant: (a) conducted a survey on the actual condition of the Plaintiff; (b) there was no certain workplace and income; (c) the Plaintiff maintained his livelihood with money transferred from Pakistan; (d) KRW 15,54,890 in the Plaintiff’s account; (b) KRW 16,402,247 in the Plaintiff’s account; and (c) KRW 5,000 in the lease deposit for his residence; and (d) KRW 2,00,00 in the lease deposit for his/her residence, even when converting the annual income into the annual income of KRW 1,697,856 (= KRW 15,54,890 in the amount of KRW 16,402,247 in the amount of KRW 16,000 in the Enforcement Rule of the Immigration Control Act; and (d) determined that the Plaintiff did not meet the income requirements for the public notice of the visa for the purpose of marriage stay (Article 9-5(15(4).

F. The Defendant, on April 7, 2015, on the ground that “the Plaintiff did not meet income requirements and failed to submit evidentiary documents regarding income.”

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