(영문) 서울행정법원 2015.01.14 2014구단13433

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(영문) 서울행정법원 2015.01.14 2014구단13433

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. The Plaintiff, as a Chinese national, married with a national B of the Republic of Korea on August 11, 2005, and entered the Republic of Korea on October 31, 2005 as a spouse (F-2) of the citizen.

On November 19, 2008, the plaintiff filed a divorce lawsuit against B, and the decision of recommending reconciliation became final and conclusive on July 3, 2009.

B. On March 19, 2008, the Plaintiff applied for the acquisition of nationality as a spouse of the citizen, but withdrawn on July 6, 2009. On August 27, 2009, the Plaintiff applied for the acquisition of nationality again, and withdrawn on December 15, 201, but again applied for the acquisition of nationality on February 27, 2013, but was rejected as a written request on October 21, 2013.

C. The Plaintiff was granted a stay permit until December 8, 2009 after the first entry into the Republic of Korea, but after the divorce, the Plaintiff applied for the acquisition of nationality, and changed the status of stay to the qualification of visiting movement (F-1) granted to the applicant for the acquisition of nationality on December 7, 2009.

Since then, on December 4, 2012, the Plaintiff obtained a stay permit for three months to return home to Korea with his/her own country on December 4, 2012. On February 28, 2013, the Plaintiff applied for the third acquisition of nationality and obtained a stay permit again (from - March 4, 2014) on February 28, 2013.

On March 4, 2014, after the third application for acquisition of nationality was rejected by a written request, the Plaintiff applied for the extension of the period of stay to the Defendant on March 4, 2014. However, the Defendant rejected the extension of the period of stay on March 14, 2014 (hereinafter “instant disposition”).

[Ground of recognition] Facts without any dispute, Gap 1 through 7, Eul 1 through 9, each entry

2. Summary of the plaintiff's assertion

A. The Plaintiff divorced on June 15, 2009 due to a cause attributable to B, and accordingly, he/she could apply for the acquisition of nationality while maintaining his/her spouse (F-2).

However, since the defendant's employee applied for acquisition of nationality to the plaintiff, the F-2 qualification cannot be maintained.

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