체류자격변경불허결정취소
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 July 28, 2014, the Plaintiff (B) married with a national C (D) of the Republic of Korea on July 28, 2014, entered into the Republic of Korea as a short-term visit (C-3) on April 15, 2018, and applied for a change of the status of stay to the Defendant as a marriage immigration (F-6) qualification on July 12, 2018.
B. On July 12, 2018, the Defendant rendered a disposition of non-permission (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff entered the short-term visit (C-3) visa and, in principle, falls under the subject of restriction on change of status of stay, income level falls short of the notification standards by the Minister of Justice, and no other humanitarian grounds exist.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion is due to the limitation of domestic stay for 90 days, even though 8 years or longer have been married to C in 2014 and the marriage relationship has continued, and thus, the Plaintiff bears pains to repeat departure and entry, the instant disposition constitutes a deviation or abuse of discretionary authority.
B. Article 9-5(1)4 of the Enforcement Rule of the Immigration Control Act that prescribes the criteria, etc. for the issuance of visas for the purpose of determining marriage shall determine whether the first person satisfies the requirements of income determined and publicly notified by the Minister of Justice each year in consideration of the minimum cost of living under Article 6 of the National Basic Living Security Act. Accordingly, Article 2017-226 of the Ministry of Justice’s notification of the Ministry of Justice (amended by December 4, 2017) provides that the number of persons who invite foreigners for the purpose of marriage shall be at least 17,082,582 won in the case of two households, and that the number of persons who invite foreigners for the purpose of marriage shall be at least 17,082,582 won in the case of two households, even if they fail to meet the requirements of income.
However, in full view of the contents of No. 7-1 and No. 2 of the evidence No. 7-1 and the purport of the whole pleadings, the plaintiff.