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(영문) 부산지방법원 2017.12.14 2017구합22115
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 1, 201, the Plaintiff, a Vietnam national woman, reported marriage with B who is a national of the Republic of Korea on November 1, 201, entered the Republic of Korea as the status of stay for marriage immigrants (F-6) on March 9, 2012, and continued to stay after obtaining permission for extension of the period of stay.

B. On February 29, 2016, the Plaintiff filed an application for extension of the period of stay with the Defendant. After conducting a fact-finding survey, the Defendant rendered a decision to refuse extension of the period of stay on February 15, 2017 to the Plaintiff on the ground of “unsatisfing, such as the authenticity of marriage” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff maintained a normal matrimonial life with B, and thus, the Defendant’s disposition of this case was unlawful since it abused and abused discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter shall obtain the status of stay prescribed by Presidential Decree.” Article 25 of the same Act provides that “A foreigner who intends to continue to stay in excess of the period of stay shall obtain the permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.” Accordingly, Article 12 and [Attachment 1] of the Enforcement Decree of the same Act and Article 28-4. Marriage Emigration (F-6) of the Enforcement Decree of the same Act provides that “the spouse of a national” among the sojourn status of a foreigner under Article 10(1) of the Immigration Control Act provides that

According to the above provisions, if an applicant applies for the extension of the period of stay in the course of submitting documents, etc. on the extension of the period of stay to the permitting authority as his/her spouse as a citizen's spouse.

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