체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On April 9, 2006, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and changed the status of stay to the qualification of visit Dong (F-1) on May 29, 2006, and changed the status of stay to the qualification of visit employment (H-2) on March 12, 2007.
On October 17, 2013, the Plaintiff reported a marriage with B who is a national of the Republic of Korea on April 1, 2014, and changed the status of stay to the qualification of marriage immigration (F-6) and applied for extension of sojourn period (hereinafter “instant application”) to the Defendant on November 22, 2016. However, on April 5, 2017, the Defendant rendered a disposition of non-permission for extension of sojourn period (hereinafter “instant disposition”).
[Ground of recognition] A without any dispute, Gap evidence 2, Eul evidence 1 and 2, and the purport of the entire pleading as to legitimacy of the disposition of this case, the plaintiff asserted that the disposition of this case is legitimate, maintained a normal matrimonial relationship with Eul.
Therefore, the instant disposition is unlawful as it misleads the factual basis.
Judgment
1. Articles 10(1), 24(1), and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree; a foreigner who intends to stay in the Republic of Korea intends to engage in any activity that differs from his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance; and that a foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree. Thus, a foreigner may stay only within the scope of his/her status of sojourn recognized at the time of initial entry and the period of sojourn, if necessary to continue his/her stay in the Republic of Korea