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(영문) 서울행정법원 2016.05.09 2016구단400
체류자격변경신청불허처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 26, 2008, the Plaintiff filed a marriage report with B who is a national of the Republic of Korea on the nationality of the People's Republic of China (hereinafter "China"), and entered the Republic of Korea as a resident (F-2) on April 15, 2009, and stayed in the Republic of Korea.

On November 6, 2009, the Plaintiff withdrawn from the Republic of Korea on November 6, 2009, and B filed a divorce lawsuit against the Plaintiff and B divorced on September 9, 2010.

On January 12, 2011, the Plaintiff was granted the status of stay F11 for family settlement (the expiration date of April 10, 201).

On March 24, 2011, the Plaintiff filed a new marriage report with C who is a national of the Republic of Korea, and obtained the status of alteration of status of sojourn as the status of residence (F-2) on November 23, 201.

C died at work on November 8, 2014.

On August 18, 2014, the Plaintiff applied for permission for change of status of sojourn to the Defendant as a permanent resident (F-5).

(hereinafter “instant application”). On November 20, 2015, the Defendant rendered a decision not to change the status of stay against the Plaintiff as “requirements for non-requirements, etc.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 4, Eul’s 1-4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion, the Plaintiff was the spouse of C, but the Defendant examined the qualification for permanent residence as a married marradist.

The plaintiff has a financial ability to invest a total of KRW 48 million in the D Federation and operate the said Federation with income generated from the said Federation.

While the plaintiff stays in the Republic of Korea, the plaintiff has not done any act contrary to the law and has lived faithfully.

Persons who are more poor than the plaintiff, such as those who have experience in illegal drinking or disguised marriage, are also eligible for permanent residence (F-5).

Therefore, the instant disposition is an illegal disposition that deviates from or abused discretionary power.

B. Article 10(1) of the Immigration Control Act (hereinafter “Act”) provides that any foreigner who intends to enter the Republic of Korea shall have the status of stay as prescribed by the Presidential Decree, and Article 24(1) of the Act shall be the Republic of Korea.

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