체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 24, 2010, the Plaintiff, a national of the People’s Republic of China, entered the Republic of Korea as a sojourn status for visiting employment (H-2) on November 24, 2010, and was granted extension of the period of stay, filed an application for permission of change to the status of stay for marriage immigration (F-6) on June 8, 2015, after married with a national of the Republic of Korea.
B. On September 2, 2015, the Defendant rendered a decision denying the above application on September 2, 2015, on the ground that the Plaintiff’s invitingr B’s income falls short of the standard (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap 1, Eul 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the fact that the Plaintiff’s assertion is residing together with her husband B, her husband’s son and her son and her son and her son and her son’s son and the son’s son’s son’s son’s son’s son’s son’s son’s son
B. Determination 1) Article 9-5(1)4 of the Enforcement Rule of the Immigration Control Act provides that “The head of a diplomatic mission abroad in receipt of an application for a visa for the purpose of marriage stay may examine whether the invitation person who applied for a visa satisfies the income requirements determined and publicly notified each year by the Minister of Justice in consideration of the standard median income under Article 2(11) of the National Basic Living Security Act in order to determine the authenticity of marriage and the possibility of normal marriage life.” However, where the Minister of Justice determines, such as where the invitation person has a child born between the invitation person and the invitation person, he/she may be exempted from an examination of part of the following requirements. Meanwhile, the standard amount of income of a three-person household according to the public notification of the Minister of Justice at the time of the instant disposition is defined as 19,579,507 won or more by aggregating the amount equivalent to five percent of the annual wage and salary income of the invitation person and the property owned by the invitation person.”