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(영문) 대구고등법원 2016.12.02 2016누4912

체류기간연장등불허가처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: Gap evidence submitted by the plaintiff at the trial of the court of first instance which is insufficient to acknowledge the plaintiff's assertion, and Gap evidence Nos. 7 and 8 which is insufficient to accept the plaintiff's assertion, and some of the following are dismissed, and the plaintiff's new argument at the trial of the court of first instance is as stated in the reasons for the judgment of the court of first instance, except for addition of the judgment as stated in the following Paragraph 2. Thus, it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation

Article 28-4(c) and Article 28-4(c) of the last sentence of the judgment of the court of first instance shall be respectively "Article 28-4(c)" and "Article 28-4(c) of the 17th sentence."

Article 7-8 of the first instance court's decision of the first instance court provides that "as the plaintiff fails to prepare relevant documentary evidence, such as the family relation register, it is doubtful for the plaintiff" to read "as the plaintiff is not able to prepare documentary evidence to resolve the suspicion of the immigration office, the plaintiff's incompetence against the plaintiff is deepened."

Article 8-11 of the first instance judgment of the first instance court provides that "B is a new citizen who escaped from North Korea and is now attending the court of first instance and has not been aware of the legal effect arising from the lapse of the time limit for raising an objection to the decision of recommending reconciliation, and the responsibility of the marriage is deemed to exist in the Plaintiff, even at the time of divorce, and even at the time of divorce, the Plaintiff did not have shown clearly, and the Plaintiff did not have any serious effort. The above attitude of the Plaintiff can be sufficiently evaluated as lacking the duty of loyalty to B, who is his spouse."

The "Framework Act on Entry and Departure" in Chapter 16 of the decision of the first instance court shall be amended to the "Immigration Act".

2. Additional determination

A. The plaintiff's assertion.