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(영문) 서울고등법원 2020.07.17 2020누36535
체류기간연장허가 거부처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. In light of the plaintiff's assertion and evidence relationship between the court of first instance and the court of first instance (no additional evidence is submitted to the court), the fact-finding and

Therefore, the reasoning for the judgment of the court concerning this case is dismissed or added as follows, and except for the addition of Paragraph 2 below to the judgment on the assertion that the plaintiff specifically emphasized as the grounds for appeal by this court, the reasoning of the first instance court is as stated. Thus, this Court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following shall be added to the second instance judgment of the first instance.

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

Accordingly, Article 12 of the Enforcement Decree of the same Act and Article 12 [Attachment 1-2] 27 of the Enforcement Decree of the same Act provides for "spouse of a national" among the requirements for the status of stay for marriage immigrants (F-6) among the status of stay for foreigners under Article 10(1) of the Immigration Control Act.

According to the above provisions, where an applicant files an application for the extension of the period of stay with the permitting authority when submitting documents, etc. on the extension of the period of stay as the spouse of the citizen’s spouse, the permitting authority may investigate whether the applicant is a true “spouse of the citizen” and determine whether to grant the extension of the period of stay in consideration of the applicant’s eligibility, the purpose of stay

The extension of such period of sojourn shall be the range of the original period of sojourn.

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