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(영문) 서울행정법원 2018.06.19 2017구단66186
체류기간연장등불허가처분취소
Text

1. The part concerning the claim for cancellation of departure order among the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. On November 17, 2003, the Plaintiff, a Chinese national foreigner, entered the Republic of Korea on a short-term visit (C-3) on November 3, 1999, and was illegally staying in the Republic of Korea on a short-term visit (C-3), and was granted the status of non-professional stay (E-9) on November 17, 2003 through the "Measures for the Integration of Illegal Sojourns (E-9)", but stayed illegally on the expiration date of the period of stay (on November 17, 2004).

B. On April 20, 2010, the Plaintiff married with C who is a national of the Republic of Korea on August 6, 2004, and entered the Republic of Korea on January 13, 2005, and acquired the nationality of the Republic of Korea on August 7, 2009, and married with C on January 11, 2010.

After marriage with the Defendant, the Defendant left the Republic of Korea on June 27, 2010, and on November 20, 2010, Article 10(1) of the Immigration Control Act, Article 12 (Attached Table 1 attached hereto) of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201).

Pursuant to the item, the status of stay (F-2) as a "spouse of a national" (F-6 under the current Enforcement Decree of the Immigration Control Act) (the spouse of a marriage immigration (F-6) is entitled to the status of stay as prescribed in attached Table 12 [Attachment Table 1] of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201). According to Article 12 [Attachment Table 1] of the current Enforcement Decree of the Immigration Control Act, the spouse is entitled to the status of stay as prescribed in subparagraph 27 (F-2). According to Article 12 [Attachment Table 1] of the current Enforcement Decree of the Immigration Control Act, the spouse is entitled to the status of stay as a "spouse of a national" and re-enters the Republic of Korea after obtaining an extension of the period of stay on several occasions after obtaining permission for extension of the period of stay on March 20, 2015.

C. On May 15, 2017, the Plaintiff applied for the extension of the period of stay for marriage immigrants (F-6). The Defendant decided not to permit the extension of the Plaintiff’s sojourn period on July 5, 2017 on the ground of “unconformity, etc. with the requirements”, and the Plaintiff leaves the Republic of Korea until July 19, 2017.

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