1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff, a national of the People’s Republic of China, married with B who is a national of the Republic of Korea on March 11, 2008, entered the Republic of Korea as the status of stay on July 14, 2008 (F-2), and stayed as the status of stay for marriage immigrants (F-6) from July 8, 2013, and divorced from B on June 25, 2015.

B. The Plaintiff could not maintain a normal matrimonial relationship due to a cause not attributable to himself while staying in the Republic of Korea in a state of marriage with B, and on June 16, 2017, the Defendant was under Article 10(1) of the Immigration Control Act, Article 12 [Attachment Table 1] of the Enforcement Decree of the Immigration Control Act.

on the basis of the title, the application for extension of the period of stay was filed.

C. However, on August 3, 2017, the Defendant rendered a decision not to permit the extension of the period of stay (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff’s failure to meet the requirements, such as unclear causes attributable to his spouse” (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 2, 6, and 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff was divorced from B on account of frequent assault and intimidation, etc., and thus, is not liable for the dissolution of marriage.

Therefore, the instant disposition should be deemed unlawful as a disposition that the Defendant misleads the Defendant of the fact in exercising discretionary power over immigration administration.

B. Determination 1) According to Article 10(1) of the Immigration Control Act, Article 12 [Attachment 1] [Attachment 1] 28-4(c) of the Enforcement Decree of the Immigration Control Act, “a person recognized by the Minister of Justice, who is unable to maintain a normal matrimonial relationship due to reasons not attributable to himself/herself while staying in the Republic of Korea with his/her spouse,” refers to a person whose matrimonial relationship has been broken down due to the other party’s genuine fault.

Here, the marriage is the same.