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Reasons
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(영문) 서울고등법원 2015.10.16 2014누74383
체류기간연장등불허가처분취소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The plaintiff's marriage and the defendant's sojourn status 1) The plaintiff is the People's Republic of China (hereinafter "China").

(2) According to Article 10(1) of the Immigration Control Act and subparagraph 27(a) of attached Table 1 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201); pursuant to Article 12 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201), the spouse of a citizen of the Republic of Korea (F-6) has been granted the status of stay (F-2) to the Plaintiff who is a spouse of a national pursuant to the current Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 2011); Article 12 [Attachment 1] of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 2011); Article 12 [Attachment 1] of the former Enforcement Decree of the Immigration Control Act to grant the status of stay (F-2) to the Plaintiff

B. On May 17, 201, the Plaintiff, who was not allowed to change the status of stay, applied for a change of the status of stay to the Defendant’s permanent residence (F-5). However, on June 19, 201, the Defendant was not living together with the Plaintiff on June 19, 2012, and the Defendant rejected the application on the ground that fundamental knowledge, such as the Plaintiff’s failure to

In the process of the examination, the employees in charge of the defendant's side conducted each fact-finding survey on April 23, 2012, May 3, 2012, and May 9, 2012 (hereinafter "fact-finding survey on permanent qualifications"), and prepared a report on the fact-finding survey on the following matters:

Marriage Process: B was introduced through the branch of Nice (C) in 2008, and B was introduced on August 1, 2008, and determined on August 29, 2008, after coming to China, the status of marriage life on August 29, 2008: B's family members are aware of the marriage of the Parties, but they are coming to and coming well.

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