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(영문) 수원지방법원 2019.05.03 2018구단4360
체류기간연장불허가처분취소
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 February 23, 2017, the Plaintiff applied for refugee status on April 21, 2017 while entering the Republic of Korea for visa exemption (B-1, 060) and staying there, and was decided to recognize refugee status on April 28, 2017.

B. Since then, the Plaintiff filed an application for refugee status again on October 30, 2017 while illegally staying in Korea. For this reason, the Plaintiff obtained a change in status of stay from the Defendant on November 1, 2017 (G15).

C. On October 30, 2018, the Plaintiff applied for extension of the period of stay to the Defendant. However, on November 6, 2018, the Defendant rendered a disposition rejecting the application (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff operated a restaurant at Russia. However, the Plaintiff’s Masia left the restaurant on the ground that Masia’s violent actors did not provide the money so demanded, and threatened the concealment of the Plaintiff’s and the Plaintiff’s parents, thereby escaping from the Republic of Korea.

The defendant's disposition of this case, which rejected the plaintiff's application for permission for extension of sojourn period, is unlawful since it is apparent that the concealment of the plaintiff's return to Russia is endangered.

B. According to Articles 10, 24(1) and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and an alien who stays in the Republic of Korea intends to engage in an activity falling under any of the status of stay different from his/her status of stay shall obtain a permit to change his/her status of stay from the Minister of Justice in advance, and an alien shall obtain a permit to extend the period

Therefore, foreigners.

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