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(영문) 춘천지방법원 2015.05.29 2014구합715
체류기간연장허가거부처분취소
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. On November 12, 2003, the Plaintiff, who was a national of Bangladesh, entered the Republic of Korea as a non-professional employment (E-9) and was employed in the "B" located in the U.S. as of November 12, 2003, did not depart from the Republic of Korea until November 12, 2004, which was the expiration date of the period of stay, and left the Republic of Korea upon receiving a departure order from the head of the Chuncheon Immigration Office on December 25, 2004.

B. Around November 30, 2004, the Plaintiff reported a marriage with C who is a national of the Republic of Korea, and entered the Republic of Korea on January 15, 2005 as a visiting Dong (F-1) qualification, and on March 3, 2005, after obtaining permission for change of status of sojourn as a spouse of the national (F-2) qualification, the Plaintiff was residing in Korea on several occasions after obtaining permission for change of status of sojourn.

C. On December 16, 2012, the Plaintiff applied for the extension of the period of stay to the Defendant in the capacity of marriage immigration (F-6).

On October 14, 2013, the Defendant rendered a decision not to allow the extension of sojourn period, etc. (hereinafter “instant disposition”) on the ground that the authenticity of marriage is doubtful because it is difficult to see that the Plaintiff and C live together, and granted the departure time limit until October 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, 3, 5, 9, 10, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff reported the marriage with C, and the defendant mispers the facts in the instant case despite the true marital relationship, and thus, the above disposition is unlawful and unfair.

B. 1) Article 10(1) of the Immigration Control Act provides that an alien shall have the status of stay, and Article 24 of the same Act provides that an alien shall obtain permission to change his/her status of stay in order to engage in an activity that differs from that of his/her status of stay. Article 12 of the Enforcement Decree of the Immigration Control Act provides for the type of each status of stay and the scope of persons corresponding thereto under [Attachment 1].

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