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(영문) 창원지방법원 2014.11.14 2013구합3281
체류기간연장등불허결정처분취소
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 15, 200, the Plaintiff entered the Republic of Korea as industrial trainee on May 15, 200, and changed the status of stay to the training employment on May 16, 2002. On October 11, 2004, the Plaintiff reported a marriage with the Republic of Korea nationality C (D, the present status was changed to E; hereinafter the same shall apply).

On December 1, 2004, the Plaintiff changed the status of stay to the spouse qualification of the citizen.

B. On April 4, 2013, the Plaintiff applied for the extension of the period of stay to the Defendant, but the Defendant rendered a non-permission disposition, such as the extension of the period of stay (hereinafter “instant disposition”), on the ground that the Plaintiff, as a result of the fact-finding survey on December 16, 2013, married in Pakistan and married with Pakistan, constitutes a heavy divorce (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he was married with C on October 11, 2004, while entering and staying in an unmarried Republic of Korea in Pakistan, the plaintiff is living together or married as a legal couple.

However, prior to marriage with C, the Defendant rendered the instant disposition on the ground that the Plaintiff’s misunderstanding of the fact that the Plaintiff had already been married in Pakistan constitutes a middle marriage with C.

Therefore, the instant disposition is unlawful by deviating from and abusing discretionary power.

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

C. One immigration control administration is a national administration to ensure national interest and safety by properly controlling and coordinating the entry and departure of foreigners in Korea and foreigners.

Among them, matters concerning entry and departure of foreigners are essential to carry out the functions as sovereign countries and should be strictly managed, and permission for extension of the period of stay is a kind of authority that grants the applicant the right to continue to stay in excess of the initial period of sojourn.

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