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(영문) 서울행정법원 2015.11.13 2015구단13591
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a Mongolian foreigner.

On November 23, 2010, the Plaintiff reported marriage with B, who is a national of the Republic of Korea (hereinafter “Korea”), and stayed in Korea on April 29, 201 as a spouse (F-6-1) of the citizen’s spouse (F-6-1).

Around May 22, 2014, the Plaintiff divorced with B, and around October 6, 2014, the Plaintiff filed an application with the Defendant for permission to extend the period of stay, stating that the Plaintiff himself/herself meets the requirements for the status of stay “F-6-3”.

On June 8, 2015, the defendant decided not to allow the plaintiff to extend his stay period due to lack of proof of divorce due to the former causes attributable to his spouse.

(hereinafter referred to as “instant disposition”). [The ground for recognition] The fact that there is no dispute, Eul No. 1-9 (including additional numbers), the purport of all pleadings.

2. Whether the disposition is lawful;

A. The instant disposition asserted by the Plaintiff is unlawful for the following reasons.

1) The grounds for denying the extension of sojourn period in the disposition form are somewhat unclear. (2) The marriage relationship has not come into existence due to the economic influence and verbal abuse, and there is no reason attributable to the Plaintiff. Thus, the instant disposition constitutes a deviation or abuse of discretionary authority.

B. Article 23(1) of the Administrative Procedures Act provides that when an administrative agency takes a disposition, the administrative agency shall present the basis and reasons for the disposition to the parties. This purport is to exclude the arbitrary decision of the administrative agency and to allow the parties to properly cope with the administrative remedy procedure.

Therefore, comprehensively taking into account the contents of the written disposition, relevant statutes, and overall process up to the disposition, etc., in a case where it is sufficiently possible to find out which grounds and reasons the parties were made at the time of the disposition, and where it is deemed that there was no particular hindrance to moving to the administrative remedy procedure, the grounds and reasons for the disposition are not specified in

Even if so, the disposition is illegal.

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