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 December 7, 2004 (D-3), Plaintiff (1983) was a man of Pakistan’s nationality and entered the Republic of Korea as a technical training (D-3) and was in the status of illegal stay upon expiration of the period of stay. On July 7, 2014, Plaintiff (1) received other status of stay (G-1) on the grounds of industrial accidents and received the stay permission until September 28, 2015 through the extension of the period of stay.
B. On January 19, 2015, the Plaintiff reported the marriage with B (1965 birth) who acquired the nationality of the Republic of Korea from the Republic of Korea to the Republic of Korea.
C. On September 7, 2015, the Plaintiff filed an application for the change of the status of stay and the period of stay with the Defendant on the ground that he/she married with the Defendant (F-6) on the ground that he/she was married with the Defendant, but the Defendant filed an application for the change of the status of stay and the period of stay.
The non-permission decision was made for lack of income requirements, such as extension of sojourn period, due to non-permission reasons.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and 8, Eul’s evidence Nos. 1 and 6, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Defendant’s disposition of this case is unlawful, since the Plaintiff’s assertion that the marriage between the Plaintiff and B is genuine, and the income requirement is also satisfied.
(b) as shown in the attached Form of the relevant statutes.
C. The permitting authority grants the applicant the authority to permit the change of the period of stay to engage in activities that are different from the initial status of stay, and the permission for the extension of the period of stay grants the applicant the authority to continue to stay by imposing a new period of stay exceeding the initial period of stay. The permitting authority is discretion to decide whether to grant the permission in consideration of the applicant’s eligibility, the purpose of stay, the impact on public interest, etc
In addition, Article 9-5 of the Enforcement Rule of the Immigration Control Act can be confirmed in order to determine the authenticity of marriage and the possibility of normal marriage life in the event of receiving an application for visa issuance for the purpose of marriage stay.