logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.04.21 2017구단132
체휴기간연장 및 불허결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (i) On November 24, 2008, the Plaintiff entered the Republic of Korea as a visa for H-2-5 (Visits employment) on November 24, 2008. On April 29, 2013, the Plaintiff reported marriage with B who is a national and obtained permission to change the status of stay on June 21, 2013 (the spouse of a national).

Luxembourg filed a lawsuit against B on the claim for divorce, etc. with the Suwon District Court 2015ddan10490, and was sentenced to a favorable judgment on July 15, 2016, and the said judgment became final and conclusive on August 2, 2016.

On December 5, 2016, the Plaintiff filed an application for permission to change the status of F-6-3 (Marriagee) with the Defendant, but the Defendant denied the said application on January 13, 2017 on the ground that the Plaintiff failed to meet the F-6-3 (Marriagee) sojourn requirements.

[Judgment of the court below] Facts that there was no dispute over the grounds for recognition, evidence Nos. 1, 5, 7, the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea intends to engage in an activity that differs from his/her sojourn status, he/she shall obtain a permit to change his/her sojourn status in advance (Article 24(1) of the Immigration Control Act), and if a foreigner intends to continue his/her sojourn in excess of his/her sojourn period, he/she

(Article 25) . F-6-3 (Marriage of Marriage) Status is granted to “a person recognized by the Minister of Justice, who is unable to maintain a normal matrimonial relationship due to the death or disappearance of his/her spouse while staying in the Republic of Korea in a state of marriage with a national spouse, or any other cause not attributable to himself/herself” (Article 10(1) of the Immigration Control Act and attached Table 12(1) of the Enforcement Decree of the same Act). The Plaintiff was unable to maintain a normal matrimonial relationship with B due to any cause not attributable to himself/herself. In addition, the instant disposition for which the change of the F-6-3 (Marriage of Marriage) status against the Plaintiff was denied, even though the Plaintiff’s children were enrolled in the Asia University.

arrow