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(영문) 서울행정법원 2014.01.03 2013구합56065
체류기간연장등불허가처분취소
Text

1. The Defendant’s disposition of non-permission, such as the extension of sojourn period, made on June 27, 2013, shall be revoked.

2. The costs of lawsuit shall be.

Reasons

The plaintiff has the nationality of the People's Republic of China (hereinafter referred to as "China").

On October 22, 2009, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status and completed a marriage report with a national B of the Republic of Korea on November 3, 2009, and changed the status of stay as a spouse of the citizen on May 20, 2010 to a residence (F-2), and is residing in the Republic of Korea until now.

On July 4, 2012, the Plaintiff filed an application for changing the status of stay to permanent residence (F-5) with the Defendant.

However, on June 27, 2013, the Defendant ordered the Plaintiff to leave the Republic of Korea by July 11, 2013, when the Defendant notified the Plaintiff that he/she did not permit the Plaintiff’s application for change of the status of stay on the grounds that the Plaintiff had good conduct, living alone, insufficient marriage, and other reasons.

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case was issued a summary order of KRW 70,00,00 as a crime of injury, but the above crime was a minor violation of the law, and the Defendant also closed without taking a separate measure of deportation, taking into account the following facts: (a) there is no dispute; (b) there is evidence No. 1 to 3, and evidence No. 1 to 2; and (c) the purport of the entire argument as to whether the disposition of this case was legitimate.

The plaintiff has no record of crime other than the above crime.

In addition, the plaintiff is forced to marry with B who is a national of the Republic of Korea and maintain a substantial family life, but only in B and the weekend due to work.

Therefore, it is unreasonable to determine that the Plaintiff’s failure to marry on the sole ground of the above criminal records constitutes “unfitness of good conduct” or that the Plaintiff and B did not live together.

If so, the instant disposition ordering the Plaintiff to leave the Republic of Korea based on such unfair judgment was not conducted properly.

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