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(영문) 대전고등법원(청주) 2019.04.24 2018누1245
체류기간연장등불허가처분취소
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 reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the part that the plaintiff emphasized or claimed in addition to the above '2. Additional Judgment'. Thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. Additional determination

A. 1) Determination as to the Plaintiff’s assertion regarding income requirement. Since C merely includes KRW 1,91.60,00 won received from the Ministry of National Defense during the preceding one year as the Plaintiff’s spouse, C shall meet the income requirements prescribed in Article 9-5(1)4 of the Enforcement Rule of the Immigration Control Act and the notification of marriage movement. Even if the above amount cannot be recognized as income prescribed in the aforementioned notification, the above Enforcement Rule and the notification are unconstitutional and invalid as it infringes upon C’s constitutional fundamental rights, and thus, each disposition of this case based on the above Enforcement Rule and the notification is unlawful. 2) 10 evidence, it is difficult to view that C’s above entry into the Republic of Korea’s basic rights and the notification of Article 9-5(1)4 of the Enforcement Rule of the Immigration Control Act are unconstitutional and invalid, and thus, it is difficult to view that the above notification of the Plaintiff’s basic rights to the Republic of Korea War prisoners’s total income under Article 155(1)4 of the Enforcement Rule of the Immigration Control Act.

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