1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The plaintiff, who has the nationality of the People's Republic of China (hereinafter "China"), entered the Republic of Korea on March 26, 2007, and completed the marriage report with B of the Republic of Korea on December 27, 2007.

B. On January 16, 2013, the Plaintiff filed a divorce suit with the Suwon District Court Branch Branch of 2013Ddan530, and the said court rendered a judgment that the Plaintiff is divorced on June 11, 2013.

C. On October 4, 2016, the Plaintiff had been staying in the Republic of Korea as a spouse (F-6-1) of the citizen, but filed an application with the Defendant for permission to extend the period of stay, etc. on the grounds of marriage interruption (F-6-3) status. On October 11, 2016, the Defendant rendered a non-permission decision (hereinafter “instant disposition”) on the ground that “whether a normal marital life is maintained at the time of divorce, and it is unclear for the spouse’s entire reason, etc.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7 through 9, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s husband, who was the Plaintiff’s husband, assaulted the Plaintiff several times from around 2008 and did not cooperate in the Plaintiff’s application for extension of sojourn period, and thus, the marriage was not broken down due to the cause attributable to B, but the instant disposition based on a different premise is deemed to be an abuse of discretion.

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

C. 1) In light of the relevant statutes’ form, language, etc., the permission to extend the period of stay is a kind of authoritative disposition that grants the applicant the right to continue to stay in excess of the initial period of stay. The permission to extend the period of stay is discretionary action to determine whether to grant the permission in consideration of the applicant’s eligibility, the purpose of stay, the impact of public interest, etc. Therefore, as a spouse of a Korean national, the permission to extend the period of stay is discretionary action to determine whether to grant the permission.