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(영문) 서울행정법원 2015.07.10 2015구단5064

체류기간연장등불허가처분취소

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, a national of the People’s Republic of China (hereinafter “China”), reported marriage with B on May 15, 2008, and obtained permission for stay status of marriage immigration (F-6) on November 12, 2013.

C. The Plaintiff applied for permission to extend the sojourn period on October 17, 2014, but the Defendant, on March 3, 2015, rejected the application for “other reasons, such as lack of marriage authenticity” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap 2, 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff could not maintain a normal matrimonial relationship due to a cause not attributable to himself while making a normal matrimonial relationship with B, and thus has the status of stay for marriage immigrants (F-6).

Therefore, the instant disposition denying the extension is unlawful.

B. 1) The Plaintiff cannot be viewed as a space where a couple’s domicile (Seoul Geumcheon-gu) expressed by the Defendant’s investigator on December 17, 2014 covers the Plaintiff’s husband’s domicile (Seoul Geumcheon-gu) to the extent that it is difficult for the Defendant to live, and thus, it cannot be viewed as a space where a couple’s life can be performed.

3) The Plaintiff lives separately at the church located in D. (4) B is the situation where the Plaintiff filed a divorce lawsuit against the Plaintiff as Seoul Family Court 2015ddan18612.

[Grounds for recognition] Gap 2, 3, Eul 1, 2, 4, 5, the purport of the whole pleadings

C. Determination 1) Article 12 of the Enforcement Decree of the Immigration Control Act and Article 28-4 of the Enforcement Decree of the Immigration Control Act provides for marriage immigration (F-6c) (F-6) among the sojourn status of foreigners, “a person recognized by the Minister of Justice as a person who is unable to maintain a normal matrimonial relationship due to the death or disappearance of his/her spouse while staying in the Republic of Korea as one of the sojourn status requirements for F-6 sojourn status for foreigners, or other reasons not attributable to him/her.”

In such cases, the applicant.