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(영문) 서울행정법원 2015.07.24 2015구단50965
체류기간연장등불허가처분취소
Text

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 December 22, 2008, the Plaintiff, who was a person of Vietnam’s nationality, entered the Republic of Korea with the status of stay of residence (F-2) on June 16, 2009, after completing the marriage report with the Republic of Korea’s nationality B.

(The identification mark of the plaintiff was changed to F-6 by the revision of the Enforcement Decree of the Immigration Control Act. (B)

On September 22, 2014, the Plaintiff filed a lawsuit against B seeking divorce, etc. at the Daejeon Family Court’s collegiate branch (Supreme Court No. 2014ddan875). The following voluntary conciliation was established on September 22, 2014.

1. The Plaintiff and B shall be divorced.

2. Recognizing that the responsibility of the Plaintiff’s married life is due to the serious cause attributable to B, the Plaintiff is subject to the intention of treating the Plaintiff as his spouse, and is against the depth of the obligation.

3. B pays consolation money of one million won to the Plaintiff.

4. The Plaintiff shall pay KRW 500,000 to B in total on 22 occasions each month from October 2014 to 25,000 as subsidies for living expenses.

5. Except as provided above, the Plaintiff and B shall not claim monetary money under any pretext, such as consolation money and division of property, with respect to the divorce of this case against the other party in the future.

6. The costs of lawsuit and mediation shall be borne by each person.

C. On December 24, 2014, the Plaintiff asserted that he/she is a person recognized by the Minister of Justice, who is unable to maintain a normal matrimonial relationship due to a cause not attributable to himself/herself while staying in the Republic of Korea in the state of marriage with the spouse of the Defendant. However, on January 20, 2015, the Defendant rendered a decision of nonpermission (hereinafter “instant disposition”) against the Plaintiff on the ground that the lack of authenticity of marriage and the cause attributable to his/her spouse is unclear.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, 13 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is a genuine marital relationship with B.

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