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(영문) 서울행정법원 2014.05.29 2013구합25962
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of recognition and disposition;

A. On August 17, 199, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People's Republic of China for a short-term training (D-3) sojourn status, but was engaged in an illegal stay by leaving his place of business only three days.

On November 15, 2006, the Plaintiff completed a marriage report with B who is a national of the Republic of Korea, and entered the Republic of Korea on January 24, 2007 as the spouse (F-2-1) of the citizen on June 9, 2007 after illegally reported stay.

B. On May 15, 2009, the Plaintiff filed a lawsuit against B seeking divorce (the Seoul Family Court Decision 2008DD 104522). On May 15, 2009, the said court rendered a judgment that “the Plaintiff and B are divorced” and the judgment became final and conclusive as it is.

B filed a divorce report on June 15, 2009 on the grounds of final and conclusive judgment.

C. On April 8, 2011, at around 16:10, the Plaintiff runs a fish-dried room in Yeongdeungpo-gu Seoul Metropolitan Government Daegu-dong.

was discovered.

In relation to this, the Plaintiff was subject to a disposition of suspending prosecution by the prosecutor of the Seoul Southern District Prosecutors' Office on May 13, 201, taking into account the following: (a) there is no criminal history in relation thereto; (b) the amount of seized paints and the time of gambling is relatively little; and (c) his or her mistake is deeply divided and not gambling in the future; and (d) the Plaintiff was subject to a disposition of suspending indictment by the prosecutor of the Seoul Southern District Prosecutors' Office.

On April 21, 2010, the Plaintiff applied for the acquisition of nationality, and on June 9, 2010, the status of residence (F-2) was changed to the status of sojourn for visiting Dong (F-1).

On June 21, 2012, the Plaintiff withdrawn the application for nationality to the Defendant and applied for the change of the status of permanent residence (F-5).

E. On June 25, 2013, the Defendant notified the Plaintiff of the fact that the change of the status of stay was denied on the grounds of “a failure to conduct conduct, etc.” and that he/she should depart from the Republic of Korea by July 9, 2013.

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] Gap's 1 to 6, Eul's 1 to 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been made once since his entry into the Republic of Korea on August 17, 1999.

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