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(영문) 수원지방법원 2018.10.05 2018구단6625
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) On August 4, 2010, the Plaintiff first entered the Republic of Korea as a short-term visa (C-3,90 days) on the ground that he/she was adopted on October 8, 2010, and changed to the status of stay for friendship visit (F-1-1) on the ground that he/she was adopted on the mother of the Republic of Korea (foreign mother B). After applying for nationality on February 6, 2012, the Plaintiff changed to the status of stay for the applicant of nationality (F-1-7) on July 13, 2012 after applying for nationality, but the said application for nationality was rejected on April 16, 2014 due to the failure to pass an interview twice.

The Plaintiff entered the Republic of Korea as a short-term visa (C-3, 90 days) on October 26, 2014, and applied for nationality on October 28, 2014, and changed the status of stay of the applicant (F-1-7) on October 29, 2014.

The Plaintiff applied for nationality again on September 10, 2015 after the withdrawal of the above application for nationality due to personal circumstances. However, the above application for nationality was rejected on October 28, 2016 due to the failure to pass the two instances of written application.

On January 13, 2017, the Plaintiff filed another application for nationality, but the said application for nationality was rejected on November 10, 2017 due to the failure of twice the written application.

Consolidatedly, the Plaintiff applied for the extension of the period of stay to the Lao Defendant ( March 10, 2018). On April 9, 2018, the Defendant denied the Plaintiff’s application for extension of the period of stay on the ground of “requirements for Non-existence of Nationality, etc.”

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 6, Eul evidences 1 through 8, the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); if a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33 (1) of the Enforcement Decree of the Immigration Control Act).

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