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(영문) 인천지방법원 2020.01.21 2019구단1460
체류기간연장불허결정처분취소
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. The Plaintiff, as a woman of Mongolian nationality, entered the Republic of Korea on April 3, 2018, entered the Republic of Korea as C-3-9 (General Tourism), and on May 31, 2018, filed an application for refugee status recognition with the Defendant on the ground that “the Plaintiff is likely to commit violence against his/her own country and to his/her parents at the time of returning home,” and obtained a change in the status of stay as a G-1-5 (Refugee applicant) on the ground that the said application was filed.

B. On June 29, 2018, the Defendant rendered a decision to grant refugee status to the Plaintiff.

Upon receipt of the above written decision on July 3, 2018, the Plaintiff filed an administrative litigation on March 27, 2019, which sought the cancellation of the above decision on refugee non-recognition (Seoul District Court 2019Guhap907) after the lapse of 90 days, but the said court rendered a ruling dismissing the suit on May 30, 2019 on the ground that the period for filing the suit has expired, and the said ruling became final and conclusive on July 24, 2019.

C. On September 30, 2019, the Plaintiff, who had obtained permission for extension of the period of stay several times, filed an application for extension of the period of stay again after the said judgment became final and conclusive, and the Defendant notified the Defendant of a decision not to grant extension of the period of stay (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserts to the purport that the disposition of this case, which rejected extension of sojourn period, constitutes a refugee in a situation in which the plaintiff could not return to the Republic of Mongolia due to the same reason as the ground for application in the refugee recognition procedure, is an abuse of discretion.

(b) Determination 1) If a foreigner staying in Korea intends to engage in an activity that is different from his/her status of stay, he/she shall obtain a permit to change his/her status of stay in advance (Article 24(1) of the Immigration Act and the permission to extend the period of stay before the period of stay expires.

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