체류기간연장등불허가처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. In the first instance trial, the Plaintiff sought revocation of each disposition stated in the purport of the claim, and the first instance court dismissed the lawsuit claiming revocation of the decision of the local intermediate divorce investigation among the above dispositions, and dismissed the remainder of the Plaintiff’s claim.
In this regard, the plaintiff appealed against the part against the other party except the above dismissal decision as stated in the purport of appeal. Therefore, the scope of the trial on the appeal is limited to each disposition stated in the purport of appeal.
2. Details of the disposition;
A. On December 21, 199, the Plaintiff of Pakistan’s nationality entered and stayed in Korea as industrial trainee on December 21, 199, and completed the marriage report with the joint Plaintiff B of the first instance trial on November 30, 204 (hereinafter “B”).
On January 18, 2005, the Plaintiff left the Republic of Korea as Pakistan, and stayed on June 17, 2006 as a spouse of a national of the Republic of Korea.
B. On February 18, 2013, the Plaintiff applied for the extension of the sojourn period to the Defendant. However, on June 14, 2013, the Defendant rejected the extension of the sojourn period on the ground that “the marriage between the Plaintiff and B constitutes a heavy divorce prohibited in the Republic of Korea, as the Plaintiff reported the marriage with B in the state of marriage with the female of the nationality of Pakistan.”
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 8, and the purport of the whole pleadings.
3. The plaintiff's assertion does not have a marital relationship with the woman of Pakistanan nationality in Pakistan, and thus, the marriage with B is not a middle marriage.
Since the defendant made the disposition of this case on the basis of false information without undergoing a proper investigation, there is an error of law that misleads the fact by abusing or abusing discretion on the disposition of this case.
4. It is as stated in the attached Form of the relevant statutes.
5. Determination
A. According to Article 11(1)4 of the Immigration Control Act, the Minister of Justice shall impair social order or good morals.