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(영문) 수원지방법원 2016.05.19 2015구합61154
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 26, 2006, the Plaintiff filed a marriage report with B who is a national of the Republic of Korea on May 26, 2006. On November 4, 2006, the Plaintiff entered the Republic of Korea with the status of stay (F-2-1) and obtained permission for extension of the period of stay in the same qualification as the spouse of the Republic of Korea on November 4, 2006. Ultimately, the Plaintiff obtained permission for extension of the period of stay as of October 8, 2008 on the same qualification as of October 4, 2010.

However, on October 3, 2008, the plaintiff sent out around October 3, 2008, and B reported the birth of his spouse to the police station on November 21, 2008.

B. On March 20, 2013, the Plaintiff filed a divorce suit against B on March 20, 2013, with the Gwangju Family Court’s Net Branch 2013Ddan1650, and filed an application for change of the place of stay on April 9, 2013.

After receiving a notification disposition of KRW 4 million on April 11, 2013, the Plaintiff obtained the permission for extension of the period of stay on April 18, 2013 as the status of stay (F-6-1) for marriage immigrants (F-6-1) [the Enforcement Decree of the Immigration Control Act was amended by Presidential Decree No. 23274, Nov. 1, 2011; the “spouse of the national” in subparagraph 27 (a) of attached Table 12 was deleted, and the status of stay for marriage immigrants (F-6) under subparagraph 28-4 of attached Table 1 was newly established], and obtained the permission for extension of the period of stay as of October 9, 2013 as the same qualification again on June 20, 2013.

C. On June 27, 2013, the court rendered a ruling of recommending reconciliation that “the plaintiff and B shall be divorced due to the causes attributable to B. The plaintiff and B shall not claim money against the other party in relation to the divorce of this case in the future.” The above ruling of recommending reconciliation was finalized on July 19, 2013.

On September 30, 2013, the Plaintiff filed an application for a change in the status of stay for family settlement, etc. on September 30, 2013, along with the submission of the ground for the application, stating that “a person who fails to return to the Republic of Korea within the main period of stay is extremely high and has agreed to return to the Republic of Korea lawfully.”

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