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(영문) 서울행정법원 2014.11.28 2014구합64254
체류자격 변경허가 거부처분 취소
Text

1. On December 27, 2013, the Defendant’s rejection disposition against the Plaintiff to change the status of stay granted against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

The plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), entered the Republic of Korea on April 30, 2008, and obtained the status of stay for visiting employment (H-2) on July 11, 2008, and reported a marriage with B who is a national of the Republic of Korea on March 8, 2013 while staying in the Republic of Korea.

On May 2, 2013, the Plaintiff filed an application with the Defendant for permission to change the status of stay with the status of stay of marriage immigration (F-6), but the Defendant rejected the Plaintiff’s permission to change the status of stay on December 27, 2013 due to lack of the authenticity of marriage between the Plaintiff and B (hereinafter “instant disposition”).

The main grounds for determining that the Defendant has no authenticity in marriage between the Plaintiff and B are as follows.

The defendant's employee's residence (Seoul Geumcheon-gu C (hereinafter referred to as the "instant building") on November 21, 2013.

(2) Although the second floor was visited, there were several dubs and KONs of male and female joints and scarfs, etc. on the said residence, and there was no other goods necessary for daily life.

Although both the Plaintiff and the Plaintiff were residing in the instant building, the Plaintiff did not notify the Plaintiff of the fact of marriage to the Plaintiff, it is difficult to gain it formally. On the other hand, the Plaintiff stated that B provided meals with the Plaintiff at any time with the Plaintiff’s children, and that there is disagreement between the two.

On August 29, 2006, E, the former husband of the Plaintiff, entered the Republic of Korea on August 29, 2006, and approximately five years live in the same building as the Plaintiff’s residence.

However, at the time of the interview, the plaintiff stated that the contact point of E does not know and does not communicate with each other.

The plaintiff did not notify the F of the fact of marriage to women F, and married after the expiration of the period of stay, and is in an economic difficult situation.

B did not notify family members or their relatives of the marital life.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, and Eul evidence Nos. 1 and 2.

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