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(영문) 서울행정법원 2015.09.18 2014구합13164
체류자격변경불허처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff, who is a national of the People's Republic of China (hereinafter referred to as "China"), married between B and China, which is a national of the Republic of Korea on April 21, 2003, and resided in C Apartment apartment in the Republic of Korea on September 14, 2003 [the spouse of the citizen before the enforcement date of December 15, 201, was amended by Presidential Decree No. 23274 on November 1, 201, and the Enforcement Decree of the Immigration Control Act was amended by Presidential Decree No. 23274 on December 15, 2011, but the above Enforcement Decree was amended by the above Enforcement Decree, but the spouse of the citizen obtained the status of stay for marriage immigration (title F-6).]

B On February 4, 2004, the Plaintiff reported the withdrawal of the Plaintiff to the Jinhae Police Station, and filed a lawsuit of divorce against the Plaintiff (the Changwon District Court 2004D 5581). On September 21, 2004, the Plaintiff and B were sentenced to divorce from the said court.

The Plaintiff’s above residence status expired on September 14, 2004. The Plaintiff continued to stay in the Republic of Korea without any special status of stay after the expiration of the period of stay. On March 27, 2007, upon applying for acquisition of nationality to the Minister of Justice on March 27, 2007, the Plaintiff obtained the status of stay on April 3, 2007 (H G-1).

On March 3, 2008, the Plaintiff was changed to the status of sojourn as a visiting employment (H-2). Although the period of sojourn for the said visiting employment was extended by February 28, 2010, the period of sojourn for the said visiting employment was extended by February 28, 2010, but the said period of sojourn was extended by April 23, 201 as the same status of sojourn as of February 28, 201.

On the other hand, on July 28, 2009, the Minister of Justice rejected the Plaintiff’s application for acquisition of nationality on March 27, 2007.

On November 26, 2010, the Plaintiff filed an application for simplified naturalization with the Minister of Justice on the ground that he/she was a national of the Republic of Korea. On December 28, 2010, the Plaintiff was changed the status of stay to the status of stay for visiting and living (F-1) on the ground that he/she was in the status of an applicant for naturalization.

The plaintiff.

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