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(영문) 부산지방법원 2015.06.26 2014구합2875

합법적체류자격부여 및 체류기한연장 청구

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. On September 1, 2009, the Plaintiff filed a marriage report with B who is a national of the Republic of Korea on September 1, 2009, and the Enforcement Decree of the Immigration Control Act was amended by Presidential Decree No. 23274 on November 1, 201 as the status of stay for marriage immigration (F-6) was newly established on November 28, 2009, and stayed as the status of stay for marriage immigration (F-6) was newly established.

entry into Korea.

B. Around July 2011, the Plaintiff filed a divorce lawsuit against B on November 15, 201 with the Changwon District Court. On June 8, 2012, the said lawsuit was concluded upon the formation of conciliation (hereinafter “instant conciliation protocol”) with the following content.

1. The plaintiff and B are divorced due to reasons attributable to B.

2. The Plaintiff and B shall not claim against the other party all property claims, such as consolation money and division of property, in connection with the divorce of the instant case.

C. On May 23, 2013, the Plaintiff applied for the permission of change of status of sojourn to the Defendant for permanent residence (F-5) sojourn status in the F-6 status of marriage immigration (F-6), but the Defendant rendered a disposition of refusal of change of status of sojourn (hereinafter “instant disposition”) on October 15, 2013 on the grounds that the cause attributable to B, which is the former spouse against the marriage dissolution, was not proven.

On January 27, 2014, the Plaintiff filed an administrative appeal, but the Central Administrative Appeals Commission dismissed it on July 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was divorced due to the causes attributable to B, which is the former spouse, and the purport thereof is indicated in the instant protocol of mediation, so the instant disposition must be revoked unfairly.

(b) as shown in the attached Form of the relevant statutes;

C. In light of the form, structure, text, etc. of each provision under Articles 10(1) and 24 of the Immigration Control Act and Articles 12 and 30(1) of the Enforcement Decree of the same Act, status of stay is granted.