출국명령처분취소
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, on April 25, 2015, entered the Republic of Korea as a foreigner of the nationality of the People’s Republic of China (hereinafter “China”), as a short-term visit (C-3).
[Status of stay refers to the status at the time of enforcement of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 29613, Sep. 18, 2018; hereinafter the same shall apply).
Afterward, the Plaintiff, as a woman of the Plaintiff and China’s nationality, applied for a change of status of stay to E (the Plaintiff’s grandchildren, F-1-5) who is an infant of D (the Plaintiff’s grandchildren, F-6) staying in the Republic of Korea due to marriage with C, a male of the Republic of Korea’s nationality, for the reason that the Plaintiff intends to raise his/her children, and obtained a change of status of stay on June 16, 2015, and obtained a change of status of stay on March 31, 2016 (the expiration date: April 25, 2018).
C. On November 22, 2017, the Plaintiff filed an application with the Defendant for extension of the period of domestic liquidation.
At the time, the Plaintiff submitted the marriage certificate between the Plaintiff and B (No. 2, hereinafter “instant marriage certificate”). D.
On January 29, 2018, the Defendant ordered the Plaintiff to depart from the Republic of Korea by February 28, 2018, pursuant to Articles 68(1)1, 46(1)1, 10-2, 26 subparag. 1, and 25 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same) on the ground that the instant marriage certificate is forged documents, and thus, the Plaintiff’s submission of forged documents at the time of filing an application for extension of the period of stay.
(hereinafter “instant disposition.” On the date of the instant disposition, the Defendant changed the Plaintiff’s period of domestic settlement from “ April 25, 2018” to “ February 28, 2018,” which prescribed the departure period from the instant disposition as the departure period.
【Ground of recognition” has no dispute, Gap 1 through 6, Eul 1 through 8, 10, 11.