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(영문) 서울행정법원 2018.10.02 2018구단9142
체류기간연장등불허가처분취소
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 March 3, 2014, the Plaintiff entered the Republic of Korea with the status of stay for art promotion (E-6) on March 3, 2014, and stayed with the permission to extend the sojourn period for the above status of stay once on August 29, 2014, and left the Republic of Korea on December 1, 2014.

B. Since February 23, 2015, the Plaintiff entered the Republic of Korea as the status of stay for artistic entertainment. On August 19, 2015, the Plaintiff obtained permission to extend the status of stay for the said status of stay on one occasion on August 19, 2015, and obtained permission to change the status of stay on December 10, 2015, and obtained permission to change the status of stay on one occasion on May 27, 2016.

C. On December 9, 2016, when the Plaintiff works as an interpreter in charge of translation of foreign patients at B Hospital, the Plaintiff applied for the change of the status of stay to the Defendant as a specific activity (E-7). However, on June 21, 2018, the Defendant rendered a decision not to permit the change of the Plaintiff’s status of stay on the ground that the Plaintiff failed to meet the qualification requirements for medical coaches (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s work in B hospital is one translation for foreign patients. Accordingly, the Plaintiff applied for the change of the status of stay as an interpreter’s specific job occupation. The Defendant voluntarily reported that the Plaintiff’s work constitutes the category of codivists, and thus, the Plaintiff’s medical treatment did not meet the requirements for codivists’ qualification.

The instant disposition is unlawful as it was erroneous for the Defendant to misunderstand the fact that it was the basis of the exercise of discretionary power or to abuse its discretionary power in violation of the principle of proportionality.

(b) Appendix attached to the relevant legislation;

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