체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a male with Vietnam’s nationality, and on April 17, 2012, entered the first place of non-professional employment (E-9) visa and stayed with the permission for extension of the period of stay until February 16, 2017, which is the maximum period of stay (4 years and ten months).
B B was a woman of Vietnam’s nationality. On August 30, 2010, she married with C who is a national of the Republic of Korea, and entered into the Republic of Korea on May 19, 201, and gave birth to Dson E. On October 20, 2014, she obtained permission for returning based on Article 6(2)1 of the Nationality Act (a foreigner who has a domicile in the Republic of Korea for at least two consecutive years while married with his/her spouse who is a national of the Republic of Korea) and obtained the nationality of the Republic of Korea on March 9, 2016.
Referencely, the Plaintiff and B married on June 20, 2016, and their children were born Fson G, and in the lawsuit of denial of paternity brought by the Plaintiff against C, the Suwon District Court 2017ddan50216 decided on June 14, 2017 that G is the natural father of C, and the said judgment became final and conclusive around that time.
B. On February 13, 2017, the Plaintiff filed an application with the Defendant for the change of status of stay as a visa for marriage immigration (F-6). On February 16, 2017, the Defendant rendered the instant disposition denying the change of status of stay pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act, on the ground that “The Plaintiff did not meet the provisions of subparagraph 8 of Article 9-5(1) of the Enforcement Rule of the Immigration Control Act, which set forth the visa issuance standards for marriage stay purposes, for the purpose of marriage because three years have not elapsed since his spouse B acquired the nationality of the Republic of Korea.”
【Non-contentious facts, Gap’s evidence Nos. 1 and 2, Gap’s evidence No. 3-1, 2, Gap’s evidence No. 4-1, 2, Gap’s evidence No. 6-3, Eul’s evidence No. 1, 2, 3, and the purport of the whole pleadings
2. (i) If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of stay different from that of his/her status of stay, the permit to change the status of stay shall be obtained in advance.