체류기간연장등불허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was married with Korean nationals B on October 25, 2009 as four-one, and on December 29, 2009, as the Plaintiff’s spouse (F-2) was changed to F-6-1 on December 15, 201.
The qualification entered the Republic of Korea.
B. The Plaintiff filed a divorce lawsuit against B, and the judgment of divorce was rendered on February 6, 2014, and the judgment became final and conclusive.
(The District Court 2013Ddan10285). (c)
On November 25, 2014, the Plaintiff (F-6-3) applied for the extension of the period of stay to the Defendant as a person whose marriage was terminated (F-6-3). However, on July 7, 2015, the Defendant rendered a decision not to grant permission on the ground of the spouse’s uncertainty of duty, etc.
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s non-existence of dispute, Gap’s evidence of 1 to 3, Eul’s evidence of 1 to 4,
2. Determination on this safety defense
A. On November 23, 2015, when the instant lawsuit was pending, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) on January 19, 2016, and entered the Republic of Korea on February 19, 2016 as a new short-term visit (C-3) on May 14, 2016. Since the Plaintiff already lost the existing status of stay subject to the instant disposition, there is no legal interest to seek revocation of the instant disposition.
(b) An alien who intends to enter the determined Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree (Article 10(1) of the Immigration Act); and an alien who intends to continue to stay in the Republic of Korea in excess of the period of sojourn determined after entry, shall obtain the permission for extension of the period of sojourn
(Article 25 of the Immigration Control Act. When the Minister of Justice fails to grant permission for extension of the period of stay under Articles 29 through 31 of the Enforcement Decree of the Immigration Control Act, he/she shall issue a notice of disapproval, such as extension of the period of stay, to the applicant, and such notice of disapproval shall be given.