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Reasons
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(영문) 인천지방법원 2017.05.16 2016구단50713
체류기간연장등불허가처분취소
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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. On July 26, 200, the Plaintiff entered the Republic of Korea as a man of the nationality of Sri Lanka, and was exempted from punishment on December 3, 2000 through the "measures for the Compatibility of Illegal Sojourn Foreigners" implemented by the Ministry of Justice on September 1, 2003 while staying illegally while leaving the place of business without permission. On November 25, 2003, the Plaintiff was staying in the status of non-professional employment (E-9) after changing the status of stay to the status of non-professional employment (E-9) and reported a marriage with Nonparty B on July 26, 2004.

B. The plaintiff left Korea on January 8, 2005 and obtained a visa on April 15, 2005 (F-2) and left Korea on January 31, 2006.

On October 24, 2013, the Plaintiff was staying in the Republic of Korea with the status of stay for marriage immigrants (F-6) on October 24, 2013 after having entered the Republic of Korea for a long period of time.

C. On October 23, 2015, the Plaintiff applied for the extension of the period of stay to the Lao Defendant. On this basis, the Defendant conducted a fact-finding survey, and issued a non-permission to extend the period of stay on May 17, 2016 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is erroneous in the misapprehension of discretionary authority by misunderstanding the fact that the disposition of this case was taken on a different premise, although he carries out a genuine marital life with B.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter shall have the status of stay prescribed by Presidential Decree.” Article 25 of the same Act provides that “A foreigner who intends to continue to stay in excess of the period of stay shall obtain permission for extension of the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.”

This refers to this.

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