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(영문) 대전지방법원 2020.08.13 2019구단267
체류자격변경불허결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 18, 2018, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status ( October 16, 2018, the expiration date of the stay period) as a foreigner of Vietnam nationality.

B. On October 16, 2018, the Plaintiff filed an application with the Defendant for a change of status of stay (F-1-5) with the Defendant, but the Defendant rendered a decision not to permit the change of status of stay (hereinafter “instant disposition”) on October 25, 2018 on the ground that the Plaintiff’s “unqualified person (child age limit, etc.)” was “unqualified person” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 3, the purport of whole pleading

2. Whether the lawsuit of this case is lawful

A. On November 19, 2019, when the instant lawsuit was pending, the Plaintiff voluntarily left the Republic of Korea on November 19, 2019, and thereafter returned to the Republic of Korea on a short-term visit (C-3) status on February 13, 2020.

As the Plaintiff loses the existing short-term visit (C-3) status, which is the premise for the disposition of this case, by voluntary departure, there is no legal interest in seeking the cancellation of the disposition of this case.

B. The status of stay granted to a foreigner is, in principle, valid only when he/she stays in the Republic of Korea within the period of stay, and it is reasonable to view that the status of stay itself expires if the foreigner has entered the Republic of Korea without extending the period of stay, and even if the period of stay has not yet expired, if he/she has left the Republic of Korea without obtaining permission of reentry.

In full view of the purport of the argument in the statement No. 5 as to the instant case, the Plaintiff voluntarily left the Republic of Korea on November 19, 2019, when the Plaintiff was pending in the instant lawsuit without obtaining any extension of the period of stay from the Defendant on November 19, 2019, without obtaining any extension of the period of stay from the Defendant, and on February 13, 2020, returned to the Republic of Korea as the short-term visit (C-3) sojourn status.

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