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(영문) 인천지방법원 2020.07.21 2019구단50776

체류자격변경불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff's past history of stay before the plaintiff's entry, marriage report, and divorce 1) entered the Republic of Korea into and depart from the Republic of Korea on April 2, 200 with a female of Pakistanan nationality as a visa exemption (B-1) on several occasions on April 2, 200, and stayed on December 28, 200, by changing the status of stay for corporate investment (D-8) into the status of stay on December 28, 200, and the application for extension of the period of stay was rejected, and thereafter entered the Republic of Korea on November 26, 2001, and entered the Republic of Korea again on July 11, 2002 as a short-term qualification (C-2), and stayed on August 10, 2004 after obtaining permission to change the status of stay on August 16, 2004.

3) On August 18, 2005, the Plaintiff is a naturalization of the Republic of Korea (name C before naturalization; hereinafter “B”).

(B) On September 24, 1994, the Plaintiff got married in B and Pakistan on March 24, 1994, and 2 children (E students, FF-2). The Plaintiff got married on September 24, 1994.

2) Meanwhile, there is a dispute between the Plaintiff and B on April 3, 1995 as to whether or not they were divorced. The Defendant asserted that there was a divorce by oral means in Pakistan. The Plaintiff asserted that, while denying this, there was a continuous marital relationship with B prior to divorce pursuant to the final and conclusive decision of September 12, 2014 on the recommendation for divorce settlement, the Plaintiff asserted that the marital relationship with B had been maintained. 3) B was married between D who is a national of the Republic of Korea and B on February 28, 1996, and three children (GGs, Hs and Is) were married between them.

4) B acquired the nationality of the Republic of Korea on August 17, 2002. On July 28, 2005, the Plaintiff and the Plaintiff filed a marriage report as seen earlier on August 18, 2005. C. B (Divorce 1, 2014) with the Plaintiff on January 20, 2014.