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(영문) 서울행정법원 2014.11.28 2014구합11205
체류기간연장등불허가처분취소
Text

1. The Defendant’s disposition of denying the extension of the period of stay against the Plaintiff on June 18, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The plaintiff is a national of the People's Republic of China (hereinafter referred to as "China"), and after completing a marriage report with a national B of the Republic of Korea on August 29, 2008, and on March 8, 2009, according to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274 on November 1, 201, the plaintiff constitutes a marriage immigration (F-6-A) under Article 12 [Attachment 1] 28-4.

They entered the Republic of Korea as qualified.

On January 21, 2014, the Plaintiff filed an application for the extension of the period of stay with the Defendant on January 21, 2014. However, the Defendant, following a fact-finding survey, ordered the Plaintiff on June 18, 2014, to leave the Republic of Korea until July 2, 2014, by refusing the extension of the period of stay to “the lack of authenticity of marriage and other reasons, such as suspicion of

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case was legitimate, based on the Plaintiff’s genuine intent, is against the disposition of this case made on a different premise. The disposition of this case is unlawful, since the Plaintiff reported the marriage and conducts a marital life based on the Plaintiff’s genuine intent.

Article 10 (Status of Sojourn) (1) Any foreigner who intends to enter the Republic of Korea shall have the status of sojourn prescribed by Presidential Decree.

(2) The maximum period of sojourn permissible at one time shall be prescribed by Ordinance of the Ministry of Justice.

If a foreigner intends to continue his/her stay in excess of the period of stay, he/she shall obtain permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree

Sojourn status of foreigners under Article 12 (Classification of Sojourn Status) of the Enforcement Decree of the Immigration Control Act (Classification of Sojourn Status) shall be as specified in attached Table 1.

(1) A person who intends to obtain permission to extend the period of sojourn under Article 25 of the Act shall file an application for permission to extend the period of sojourn with the head of the office or branch office, along with documents prescribed by Ordinance of the Ministry of Justice.

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