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(영문) 인천지방법원 2016.06.14 2015구단51115
체류기간연장등불허가처분취소
Text

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. On November 28, 2007, the Plaintiff filed a report on marriage with B, a national of the Republic of Korea on November 28, 2007, and entered the Republic of Korea on December 9, 2008 as the status of stay of residence [F-2, marriage immigration (F-6) was newly established on November 1, 201, and the spouse of a national among the qualifications of residence (F-2) is integrated into F-6], and continues to stay after being granted a period of sojourn extension.

B. On January 18, 201, the Plaintiff applied for the alteration of status of sojourn to the permanent residence (F-5) status, but withdrawn the said application in the course of the Defendant’s fact-finding survey.

C. On August 12, 2013, B visited the Defendant’s office, and submitted the “written withdrawal of the guarantee of foreigner’s identity” to the effect that “the Plaintiff visited the Defendant’s office to leave for two (2) years, and went back six (6) months before the Plaintiff returned.”

On November 12, 2014, the Plaintiff filed an application for extension of the period of stay with the Defendant on the expiration of the period of stay (on December 9, 2014), and the Defendant conducted a fact-finding survey from April 16, 2015 to April 30, 2015, and ordered the Defendant to leave the Republic of Korea by May 28, 2015 on the ground of lack of the authenticity of marriage (hereinafter “instant disposition”).

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on May 29, 2015, but was dismissed on September 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful because the Plaintiff completed a marriage report based on the genuine intent with B, and thus, the Plaintiff’s life is maintained. The instant disposition based on a different premise is illegal.

(b) Entry in the attached Form of relevant statutes;

C. (1) Determination is made by the Immigration Control Act Article 10(1) of the Immigration Control Act.

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