체류기간연장등불허가처분취소
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 as a citizen of the People's Republic of China reported marriage with B who is a national of the Republic of Korea on October 30, 2006, and entered the Republic of Korea as a sojourn status on April 7, 2007 (F-2) and stayed in Korea.
B. B died on November 25, 2009.
C. On September 20, 201, the Plaintiff filed an application for change of status of permanent stay with the Defendant on September 25, 201, but was dismissed on September 25, 201, and subsequently filed an application for naturalization with the Defendant on November 23, 2012, but was subject to a disposition of non-permission on October 21, 201 as the first and second failure of the written examination.
On the other hand, the defendant, upon the death of B, allowed the plaintiff who lost the qualification of spouse of the citizen of the Republic of Korea to extend the sojourn period on the ground of family organization or naturalization for departure.
E. On October 18, 2013, the Plaintiff applied for extension of the stay period to the Defendant, but the Defendant rendered a decision not to permit the Plaintiff’s application on November 8, 2013 on the ground that “the marriage was not authentic at the time of his/her death.”
(F) On November 21, 2013, the Plaintiff filed an appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said claim on May 13, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 to 5 and 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On October 30, 2006, the Plaintiff filed a marriage report with B on April 7, 2007, and lived with B in a house underground located in Seongbuk-gu Seoul (hereinafter “instant house”) in Seongbuk-gu Seoul (hereinafter “instant house”) along with B after entering the Republic of Korea on April 7, 2007.
On May 2008, the Plaintiff started to move to the instant housing one time a week while working at the workplace where board and lodging are provided in order to punish for any particular economic activity on behalf of B who did not engage in any particular economic activity due to the death of a mother of old age.
Since then, the plaintiff is suffering from B's disease.