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(영문) 의정부지방법원 2016.06.29 2015구단5823
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 filed a report on marriage with B, a national of the Republic of Korea on September 14, 2004, and entered the Republic of Korea on March 7, 2005 as the spouse (F-2-1 and the above medicine were changed to F-6-1 on December 15, 201) status of stay, and continued to stay after being granted permission for extension of sojourn period.

B. On January 7, 2015, the Plaintiff filed an application for permission to extend the period of stay with the Defendant, and the Defendant, after conducting a fact-finding survey, ordered the Defendant to depart from the Republic of Korea by September 15, 2015, on September 1, 2015, on the ground that “the lack of authenticity of marriage, etc.” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful because the Plaintiff completed a marriage report based on the genuine intent with B, and thus, the Plaintiff’s life is maintained. The instant disposition based on a different premise is illegal.

(b) Entry in the attached Form of relevant statutes;

C. (1) Determination is that Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter shall have the status of stay prescribed by Presidential Decree.” Article 25 of the same Act provides that “A foreigner who intends to continue to stay in excess of the period of stay shall obtain permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed

Accordingly, Article 12 and [Attachment 1] Article 28-4 of the Enforcement Decree of the same Act provides for "spouse of a national" as one of the requirements for status of stay for marriage immigrants (F-6) among the status of stay for foreigners under Article 10(1) of the Immigration Control Act.

According to the above provisions, the applicant is the spouse of the citizen, and documents about the extension of the period of stay to the permitting authority as the resident's status of stay.

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