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(영문) 대전지방법원 2015.12.02 2015구합181
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 May 19, 2006, the Plaintiff was a national of the People's Republic of China (hereinafter referred to as "China"), and entered the Republic of Korea as the spouse (F-2, currently amended to F-6) of the People's Republic of China on September 20, 2006.

B. On August 22, 2014, the Plaintiff filed an application for extension of the sojourn period with the purport that he/she is engaged in a normal marital life in Chungcheongnam-nam Budget C.

C. On January 2, 2015, the Defendant rendered a decision of denial of permission (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion maintains a genuine matrimonial relationship with the Plaintiff, and even though the Plaintiff was sentenced to a fine in the Gwangju District Court, it is in depth against the Plaintiff, and even after the full payment of the fine on January 20, 2012, the Plaintiff is faithfully and faithfully living with the Plaintiff without preventing any additional crimes.

Therefore, the instant disposition, which was made on a different premise, was unlawful, since it was erroneous that it violated the principle of proportionality.

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to Articles 10(1) and 25 of the Immigration Control Act, Articles 12 and 31(1) [Attachment 1] of the Enforcement Decree of the Immigration Control Act, and Article 28-4 of the Enforcement Decree of the Immigration Control Act, where an applicant files an application for the extension of the period of stay with the permitting authority in submitting documents, etc. regarding the extension of the period of stay as a citizen’s spouse, as the applicant’s spouse, the permitting authority may determine whether to permit the extension of the period of stay in consideration of the applicant’s eligibility, purpose of stay, impact on public interest, etc.

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