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(영문) 의정부지방법원 2019.10.22 2018구합14436
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On April 28, 2014, the Plaintiff entered as a foreigner of his/her nationality, and stayed in excess of May 28, 2014, which is the date of expiry of his/her stay. On July 16, 2015, the Plaintiff applied for refugee status as the refugee applicant (G-1-5) on August 6, 2015, but was subject to a decision to deny refugee status on April 3, 2017. The Plaintiff filed a lawsuit seeking the revocation of the decision to deny refugee status as the Seoul Administrative Court Decision 2018Gudan5362 on March 8, 2018, but was rejected on June 11, 2019 and continued the appellate trial.

On the other hand, on March 30, 2018, the Plaintiff applied for extension of sojourn period to the Defendant (hereinafter “instant application”). However, on the same day, the Defendant rendered a disposition that does not permit extension of sojourn period of the Plaintiff on the grounds of “the refugee re-applicant, etc. who does not change the situation” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 6, and the purport of the whole argument as to the legitimacy of the disposition of this case as a whole, and the procedural defects in the plaintiff's assertion of procedural defects in the disposition of this case as to whether the disposition of this case is legitimate, the "reasons for Refusal" of the disposition of this case was not presented the grounds for Disposition, which are not related to the plaintiff, and the opportunity to present opinions is not granted. Thus, the disposition of this case was

The plaintiff alleged substantive defect was originally Muslim, but the plaintiff was married to Muslim, and entered the Republic of Korea by being subject to the persecution of sentence, who is a Islamic religious leader, and currently living a religious life in the Republic of Korea, constitutes a genuine refugee who is likely to be persecution if he returns to Korea due to Muslim, and thus, the application of this case was rejected without examining the actual status of stay only on the ground of the formal reason for which one year has elapsed after entry.

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