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(영문) 인천지방법원 2019.04.30 2018구단51147
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 June 22, 199, the Plaintiff entered and stayed in the Republic of Korea as a man of the nationality of Bangladesh, as a qualification for industrial training (D-3). On June 28, 2001, the Plaintiff obtained permission to change the status of stay for training employment (E-8) and obtained permission to stay until June 28, 2002, and thereafter made an illegal stay.

B. On August 4, 2008, the Plaintiff reported a marriage with a Korean national net B on August 4, 2008. On June 18, 2009, the Plaintiff obtained permission to change the status of stay as a national’s spouse (F-2) and thereafter obtained permission to extend the period of stay.

However, due to the revision of the relevant laws, the name of residence (F-2) qualification was changed to that of marriage immigration status (F-2), and the Plaintiff was granted permission from August 3, 2012 to stay as marriage immigration status (F-2).

C. Around January 9, 2017, the deceased B (hereinafter referred to as “the deceased”) committed suicide by avoiding bombs at the dwelling of Suwon-si, Suwon-si C.

On August 9, 2018, the Plaintiff applied for the extension of the period of stay for marriage immigration (F-6). On September 12, 2018, the Defendant notified the Defendant of the decision refusing to extend the period of stay pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion was made by the defendant on the ground that the defendant suspected of the authenticity of marriage according to external standards, such as communication between families and maintenance of marital living conditions, etc.

As a result, the plaintiff was faced with a crisis that would lose all the economic and social bases that dealt with in Korea.

However, the Plaintiff maintained a true matrimonial relationship with the Deceased, and thus, the instant disposition is unlawful by misunderstanding the fact and abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) The former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same applies)

§ 10.

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