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. The Plaintiff, a national of the People's Republic of China (hereinafter "China"), filed a marriage report with a national C of the Republic of Korea on March 19, 2007, and entered the Republic of Korea as a spouse (F-2-1) of a national of the Republic of Korea on December 19, 2007, and stayed in the Republic of Korea on December 19, 2007.
B. On December 23, 2014, the Plaintiff was notified by the Defendant of the refusal ruling on the extension of the sojourn period on the grounds of “insufficient marriage with C”. On December 24, 2014, the Plaintiff filed a divorce lawsuit against C and was extended the period of stay from the Defendant to June 24, 2015 due to other qualification (G-1-3).
C. On June 15, 2015, the Plaintiff filed a report of marriage with D citizens of the Republic of Korea (hereinafter “instant marriage”) and filed an application for change of the status of stay to the Defendant as a marriage immigration (F-6-1) on June 23, 2015.
On October 21, 2015, the Defendant, following a fact-finding survey, rendered a decision not to permit the change of the status of stay on the ground that “I will not satisfy the requirements for the spouse’s income, and I will not allow the change of the status of stay to the spouse,” and that I would not allow the change of status of stay to leave until November 4, 2015, including the extension of the period of stay to leave until November 4, 2015.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s disposition of this case is unlawful inasmuch as there is no legal basis for denying the change of foreigner’s status of stay on the ground of “a spouse’s failure to meet the requirements for income” and issuing an order to depart from the Republic of Korea. 2) The Plaintiff was married with D without gathering the fact that the Plaintiff was a spouse, and the Plaintiff is currently married with D, and D is currently making a real marital life, and D is preparing for divorce with the former spouse, even if the marriage of this case falls under a middle marriage, it is merely a ground for revocation of marriage and is not a ground for invalidation.