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(영문) 수원지방법원 2018.05.23 2017구단8686
체류기간연장등불허가처분취소
Text

1. The Defendant’s disposition of non-permission, such as extension of the period of stay against the Plaintiff on August 29, 2017, shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On June 17, 201, the Plaintiff filed a marriage report with B who is a national of the Republic of Korea on June 17, 201, and entered the Republic of Korea on May 5, 2012 as the spouse (F-6) status of the citizen. Since then, the Plaintiff obtained a five-time extension period extension period from the Defendant.

B. On April 20, 2016, the Plaintiff filed a lawsuit for divorce and claim for consolation money on the ground of assault by B, and received a judgment in favor of all the purport that “Plaintiff and B divorced, and B pays consolation money and its delay damages to the Plaintiff,” on April 20, 2016, the Plaintiff reported a divorce on May 16, 2017, when the judgment became final and conclusive on May 11, 2016 without filing an appeal by the Defendant.

C. On May 29, 2017, the Plaintiff filed an application with the Defendant for extension of the sojourn period with the status of stay for marriage immigrants (F-6), and the Defendant issued a disposition rejecting the application for extension of sojourn period on August 29, 2017 on the ground of “requirements for Non-Requirements, etc.” (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1, 2, and 3, Eul's witness C's testimony, witness D's partial testimony, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. In the instant disposition, the Defendant did not present the Plaintiff’s assertion 1) and did not present an accurate reason as to whether the requirements for the Plaintiff’s status of stay were not satisfied by stating only “requirements, expenses, etc. for non-permission” as the grounds for non-permission without presenting any specific reasons to the Plaintiff. Therefore, the instant disposition violates Article 23(1) of the Administrative Procedures Act, which provides that “ When an administrative agency takes a disposition, it must present the grounds and reasons to the party concerned.” 2) The Plaintiff has the substance of a genuine marital relationship with B from May 2012.

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