1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 27, 2013, the Plaintiff reported marriage with B who is a national of the Republic of Korea on October 27, 2013, and entered the Republic of Korea as a marriage immigration (F-6) on November 30, 2013.

On May 21, 2015, the Plaintiff filed a divorce lawsuit against B with the Seoul Family Court 2015da313966, which was the Seoul Family Court. The Seoul Family Court declared on November 25, 2015 that B and the Plaintiff are divorced on the ground that “B was forced to drive away the Plaintiff at his/her residence on January 2014,” and the said judgment became final and conclusive on December 16, 2015.

On March 8, 2016, the Plaintiff applied for extension of the period of stay to the Defendant. However, on September 21, 2016, the Defendant rendered a disposition of non-permission for extension of the period of stay (hereinafter referred to as “instant disposition”) on the ground that the authenticity of marriage is lacking and the spouse’s fault is not clear.

【The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case was legitimate by the Plaintiff’s assertion as to whether the disposition of this case was lawful, and whether the Defendant’s disposition of this case was divorced due to the reasons attributable to B while making a marital life with B with the genuine intent, the Defendant’s disposition of this case on a different premise is unlawful.

Judgment

1) Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter shall have 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 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] 28-4 subparag. 28-4(F-6)(c) of the Enforcement Decree of the same Act is married among the status of stay of a foreigner under Article 10(1) of the Immigration Control Act.