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(영문) 대구지방법원 2016.10.28 2016구합1273
체류기간연장등불허결정처분취소
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 July 18, 2012, the Plaintiff entered the Republic of Korea as a visa for short-term use (C-3), and applied for a change of status of stay on August 14, 2012, which was three days before the expiration of the period of stay, to the Defendant on August 14, 2012, and was duly granted the status of stay G-1 by the Defendant on the 16th of the same month.

B. After that, the Plaintiff filed a refugee application with the Defendant on the grounds of religious gambling, and received a decision to deny refugee status. On January 15, 2015, the Plaintiff filed a request with the Seoul Administrative Court for the revocation of the decision to deny refugee status (2015Guhap967) but was dismissed. The Plaintiff’s appeal (Seoul High Court 2015Nu42970) and the final appeal (Supreme Court 2015Du53718) were all dismissed, and the said decision became final and conclusive on January 14, 2016.

C. On August 16, 2007, Nonparty B, a Cambodia’s nationality, married with a national of the Republic of Korea on August 16, 2007, entered into the Republic of Korea’s qualification for marriage immigration (F-6) on September 23, 2007, and left the Republic of Korea on February 27, 2008, and returned to Cambodia on July 15, 2010, again returned to the Republic of Korea’s nationality C and entered the Republic of Korea’s qualification for marriage immigration on September 1, 2010.

B given birth of son and son on July 21, 201, on December 31, 2012, applied for naturalization in accordance with Article 6(2)1 of the Nationality Act, and obtained permission for naturalization from the Minister of Justice on September 23, 2014.

B A. A divorce mediation was concluded with C on April 24, 2015, and divorced. Around June 2015, the Plaintiff was satisfying with the Plaintiff on November 20, 2015, and reported the marriage with the Plaintiff on November 20, 2015. On June 9, 2016, the Plaintiff filed an application for change of status of stay with the Defendant as the spouse (F-6-1) of the citizen.

E. On June 13, 2016, the Defendant decided not to permit the said application, and notified the Plaintiff of the voluntary departure by June 27, 2016, on the grounds that “three years have not elapsed since the early marriage, the lack of income requirements for the invitation, and other policy considerations, etc.”

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 4, and Eul No. 1, 2, and 5.

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