(영문) 수원지방법원 2019.05.01 2018구단7635

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(영문) 수원지방법원 2019.05.01 2018구단7635

체류기간연장등불허가처분취소

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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 May 24, 2002, the Plaintiff, a Chinese national, entered the Republic of Korea as an industrial trainee (D-3) and was staying as a seafarer on December 30, 2002, and obtained permission for change to a status of sojourn for other reasons such as traffic accident (G-1). On June 23, 2005, the Plaintiff continued to stay as a status of sojourn for other (G-1). On March 31, 2006, the objection against the disposition of non-recognition of refugee status was dismissed, and received a recommendation for departure on April 4, 2006.

B. On March 20, 2006, the Plaintiff married with China, China, and obtained the status of stay for marriage immigration (F-6) on May 30, 2006, but on September 16, 2008, B filed a lawsuit against the Plaintiff on the claim for divorce, etc. (hereinafter “instant divorce lawsuit”). On March 14, 2009, the Plaintiff and the Defendant are divorced from the Plaintiff on the grounds of the liability of Plaintiff (B) in the said litigation procedure, with a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation in this case”), and subsequently, on January 2, 2015, the Plaintiff and the Defendant applied for a change of the status of stay (F17) with the permission to change the nationality on the ground of the applicant’s nationality (F17) and rejected the application for change of the status of stay on September 26, 2017 (hereinafter “instant divorce”).

C. Accordingly, on June 15, 2018, the Defendant rendered a disposition rejecting an application for change of status of stay on the ground of “other reasons, such as the impossibility of the Plaintiff to submit objective evidentiary data regarding the causes attributable to the spouse,” and determined that the causes attributable to the divorce cannot be deemed to entirely exist with Korean spouse.”

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and 3, Eul 1 and 2, and the purport of the whole pleadings.

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