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 woman of Mongolian nationality, entered the Republic of Korea with his/her residence status (F-2) on June 5, 201, entered the Republic of Korea on the ground that he/she married with B on May 21, 2012, and stayed with his/her status of stay for marriage (F-6) on the ground that he/she married with B as a national of the Republic of Korea, and was divorced from B on July 21, 2016.

B. On February 23, 2017, the Plaintiff reported the marriage with C who is a national of the Republic of Korea, and applied for extension of the period of stay to the Defendant for this reason.

C. After conducting a fact-finding survey on August 25, 2017, the Defendant ordered the Plaintiff to leave the Republic of Korea by September 8, 2017, on the ground that “the lack of authenticity of marriage, lack of income requirements, etc.” (hereinafter “instant disposition”).

Accordingly, the Plaintiff filed an appeal with the Central Administrative Appeals Commission on September 8, 2017, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on May 15, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion was based on the fact-finding survey conducted by the Plaintiff and his spouse, and was based on presumption that the marriage is not genuine, and that the Defendant erred in determining that the payment certificate of health and long-term care insurance premiums was insufficient, etc. even after submitting the payment certificate of health and long-term care premiums, etc., and that the disposition of this case violated fundamental rights under the Constitution, such as the Plaintiff’s right to pursue happiness and freedom

B. Article 10(1) of the Immigration Control Act provides that "A foreigner who intends to enter the Republic of Korea shall have the status of sojourn prescribed by Presidential Decree." Article 25 of the same Act provides that "A foreigner shall continue to stay in excess of the period of sojourn, as prescribed by Presidential Decree."