beta
(영문) 서울행정법원 2014.11.28 2014구합11878

체류기간연장등불허가처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is a national of the People's Republic of China (hereinafter referred to as "China"), and after completing a marriage report with a national B of the Republic of Korea on October 17, 2005, and on December 1, 2006, according to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274 on November 1, 201, the plaintiff constitutes a marriage immigration (F-6-A) under Article 12 [Attachment 1] 28-4.

They entered the Republic of Korea as qualified.

On November 25, 2013, the Plaintiff applied for the extension of the period of stay to the Defendant on November 25, 2013, but the Defendant, following a fact-finding survey, ordered the Plaintiff on June 18, 2014, to leave the Republic of Korea until July 2, 2014, by refusing the extension of the period of stay as “the lack of authenticity of marriage and other reasons, such as the suspicion of

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate is justifiable, since the Plaintiff, even though he/she lives far away from B due to the workplace, etc., but he/she reported a marriage and carries out a marital life based on the genuine intent, the disposition of this case based on a different premise is unlawful as it is an abuse of discretion.

Article 10 (Status of Sojourn) (1) Any foreigner who intends to enter the Republic of Korea shall have the status of sojourn prescribed by Presidential Decree.

(2) The maximum period of sojourn permissible at one time shall be prescribed by Ordinance of the Ministry of Justice.

If a foreigner intends to continue his/her stay in excess of the period of stay, he/she shall obtain permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree

Sojourn status of foreigners under Article 12 (Classification of Sojourn Status) of the Enforcement Decree of the Immigration Control Act (Classification of Sojourn Status) shall be as specified in attached Table 1.

(1) A person who intends to obtain permission to extend the period of sojourn under Article 25 of the Act shall file an application for permission to extend the period of sojourn before the period of sojourn expires.