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(영문) 서울고등법원 2018.01.26 2017누73794
체류자격변경허가거부처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for adding the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

2. 이 법원에서 고쳐 쓰는 부분 ▣ 제1심판결서 제3쪽 제11행의 “앞에서”부터 제12행의 “어렵다.”까지를 다음과 같이 고친다.

“In rendering the instant disposition, the Defendant cannot be deemed to have a legal obligation to provide an interpretation, and further, as long as the Plaintiff files the instant lawsuit within the lawful objection period through an administrative appeal, there is no procedural error related to the notification of the appeal procedure.”

3. The Plaintiff’s additional decision in this Court asserts that, as the grounds for appeal in this Court, “the Plaintiff inevitably applied for the alteration of status of sojourn for the extension of the period of sojourn because it did not receive wages from the employer, the instant disposition rejecting such application is unlawful as it abused discretion.”

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. The first instance court's decision rejecting the plaintiff's assertion on the grounds as cited above, even though the evidence submitted by the plaintiff in the first instance was added to the evidence (Evidence A7) submitted by the plaintiff in this court.

4. The plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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