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(영문) 서울행정법원 2015.05.29 2014구합1970
출국명령처분취소
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. The Plaintiff entered the Republic of Korea as a foreigner of the People’s Republic of China’s nationality on July 30, 2010 (F-2) sojourn status, and reported marriage with B who is a national of the Republic of Korea on January 22, 2013, and applied for extension of the period of stay as a spouse (F-6-1) of the citizen on June 5, 2013.

B. On August 28, 2013, the Defendant rejected the extension of the period of stay due to the lack of authenticity of marriage, etc., and the Plaintiff filed a lawsuit seeking revocation of the refusal disposition, such as the extension of the period of stay.

The defendant suspended the plaintiff's departure time limit until December 23, 2013.

C. On December 26, 2013, the Defendant issued an order for departure to the Plaintiff pursuant to Article 68(1) of the Immigration Control Act.

(hereinafter referred to as "the Disposition in this case"). 【The Grounds for Recognition】 unsatisfy, Gap evidence 1 to 3

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion was known that the lawsuit for revocation of non-permission, such as the extension of the plaintiff's sojourn period, is pending.

The defendant knew that the plaintiff had no intention to depart before the expiration of the lawsuit, but did not confirm whether the deadline for departure has been extended, and immediately ordered the departure.

The defendant's disposition constitutes abuse of discretion.

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

(c) If a determined foreigner intends to continue to sojourn in excess of the period of sojourn, he/she shall obtain an extension of the period of sojourn from the Minister of Justice before the period of sojourn expires, and he/she may make a deportation or departure

(Articles 17(1), 25, 46(1)8, and 68(1) of the Immigration Control Act: Provided, That the head of the immigration control office, etc. shall grant a grace period to a person who intends to obtain a grace period when there is no ship to depart from the Republic of Korea or when it is evident that a person who has received a disapproval notice, such as an extension of sojourn period, is unable to depart from the Republic of Korea within the given period

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