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(영문) 서울행정법원 2018.04.04 2017구단75913
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 January 13, 2009, while the Plaintiff was staying in the Republic of Korea as a female of Chinese nationality as a status of sojourn for "Visits employment", the Plaintiff completed a marriage report with B, a male of Korean nationality, and on May 26, 2009, attached Table 12 of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201).

1. Attached Table of the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274, Feb. 2012, 201;

1. The period of stay for marriage immigration has been extended following the change to the “Marriage immigration” as set out in subparagraph 28-4 of the same Article.

B. Around September 2017, the Plaintiff applied for extension of the period of stay for marriage immigrants again to the Defendant. On October 19, 2017, the Defendant rendered a disposition against the Plaintiff not to extend the period of stay (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 4, 5, 11 through 15, Eul's testimony, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff maintained a genuine matrimonial relationship with B at the time of the instant disposition.

In contrast, the instant disposition is unlawful.

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

C. The immigration control administration 1 is the state administrative action aimed at promoting the national interest and safety by properly controlling and coordinating the entry and departure of foreigners into and departure from the Republic of Korea and foreigners. In particular, matters concerning the stay of foreigners in the Republic of Korea should be strictly controlled because it is essential to carry out the functions as a sovereign state.

In light of the purpose and purport of such immigration control administration and the legislative form, system, and language of the pertinent statutes, the permission to extend the period of stay for a foreigner is staying in the Republic of Korea beyond the original period of sojourn, and is subject to the status of sojourn.

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