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(영문) 의정부지방법원 2016.09.21 2015구단1715
체류기간연장등불허가결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

A. On June 7, 2010, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea as non-professional employment (E-9) and remains in the Republic of Korea. On April 13, 2012, the Government District Court of Bangladesh District, the Republic of Korea, filed a lawsuit for the claim of consolation money for 2012 Ghana (G-1-3) with B as the applicant for a change of sojourn status on the ground that he/she filed a lawsuit for the claim of consolation money for 2012 Ghana (G-1-5). On September 27, 2013, the Plaintiff was staying in the Republic of Korea with the permission for change of sojourn status as the applicant for refugee status (G-1-5).

B. On December 29, 2014, the head of the Seoul Immigration Office rendered a decision not to grant refugee status to the Plaintiff. On March 5, 2015, the Plaintiff filed a lawsuit claiming the revocation of refugee status refusal with the head of the Seoul Immigration Office as the Defendant on March 5, 2015, but the judgment became final and conclusive upon dismissal on June 27, 2015.

(Seoul Administrative Court 2015Gudan2690). (c)

On August 25, 2015, the Plaintiff filed an application for refugee status with the head of the Seoul Immigration Office (Seoul Immigration Office) on September 4, 2015, and received a decision of non-recognition on September 7, 2015. The Plaintiff filed an objection with the Minister of Justice on September 7, 2015 and dismissed on December 23, 2015.

On the other hand, on September 22, 2015, the Plaintiff waiting for the second decision on refugee status refusal, filed an application for extension of the qualification period for refugee applicants (G-1-5) with the Defendant. However, on October 1, 2015, the Defendant rendered a decision not to grant extension (hereinafter “instant disposition”) on the grounds that the Plaintiff constitutes “applicant for refugee status abuse” and ordered the departure by October 15, 2015, but postponed the departure period until January 8, 2016.

[Ground of Recognition] A without dispute, Gap evidence 1 to 5, Eul evidence 1 to 8 (including each number), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff won the above lawsuit claiming consolation money against B, which was brought against B.

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