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(영문) 서울고등법원 2019.08.14 2019누33967
체류기간연장등불허가처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant limited to the Plaintiff on June 1, 2018.

Reasons

1. The grounds for this part of the disposition are the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The reasoning for this part of the reasoning of the Plaintiff’s assertion is that of the corresponding part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Article 12 [Attachment 1] [Attachment 1] 28-4 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 29163, Sep. 18, 2018) pursuant to delegation of Article 10(1) of the former Immigration Control Act (amended by Act No. 15942, Mar. 20, 2018) provides that the requirements for the status of stay for marriage immigration (F-6) are “the spouse of the national” (a).

b) “A person recognized by the Minister of Justice as a father or mother who raises a child born in a marital relationship with a national (including a de facto marital relationship)” (b).

(i) “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 other causes not attributable to himself/herself” (C)

The title is defined as marriage immigration (F-6c).

(i) the legislative intent of the above provision on the status of stay is the first marriage immigration (F-6A), married to Korean nationals.

(i) for a foreigner who is unable to maintain a normal matrimonial relationship due to a cause attributable to his/her spouse while staying in the Republic of Korea after being granted the status of stay, marriage immigration (F-6c) in a humanitarian perspective.

The purpose is to grant the status of stay so that he can continue to stay in the Republic of Korea.

On the other hand, it can be evaluated that the marriage dissolution between husband and wife resulted from the former causes.

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