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(영문) 서울행정법원 2017.01.11 2016구단60211
체류기간연장등불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are foreigners of Mongolian nationality, and Plaintiff A is the mother of Plaintiff B and C.

B. On May 18, 2008, Plaintiff A entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 28, 2008, changed to a general training (D-4) sojourn status on July 28, 2008, and changed to a stay period on August 21, 2009 (D-2) sojourn status on several occasions, and thereafter, Plaintiff A extended the stay period on several occasions and re-entered the Republic of Korea with a short-term visit (C-3) sojourn status on April 19, 2016, which was before April 10, 2016, the expiration date of the stay period.

C. Plaintiff B obtained permission for the stay status on August 24, 2009 (F-3) from the Republic of Korea and extended the period of stay on several occasions. Plaintiff B left the Republic of Korea on April 19, 2016, which was before April 10, 2016, which was before the expiration date of the stay period, and re-entered into the Republic of Korea on a short-term visit (C-3) on May 17, 2016. Plaintiff C obtained permission for the stay status on several occasions from the Republic of Korea and extended the period of stay on several occasions, and was staying on April 10, 2016, which was before the expiration date of the stay period, and re-entered to the Republic of Korea on a short-term visit (C-3) on April 17, 2016 (C-3).

On July 27, 2016, the Plaintiffs filed an application with the Defendant for permission to alter the status of sojourn to the status of stay in study (D-2), and the status of stay in the Plaintiff B and C (F-3) accompanied (hereinafter “instant application”).

E. On August 10, 2016, the Defendant rendered a disposition denying the change of the status of stay against the Plaintiffs on the ground that “the lack of inevitability in domestic stay, etc.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 2, 7 evidence, Eul 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On August 31, 2009, Plaintiff A’s assertion that the Plaintiffs asserted are admitted to a master’s degree course of F University Education, and on February 28, 2013.

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