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(영문) 서울행정법원 2014.08.19 2013구합31073
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. The Plaintiff, a person of nationality of the People's Republic of China (hereinafter referred to as "China"), filed a marriage report with B who is a national of the Republic of Korea on August 4, 2003, and stayed in the Republic of Korea as a resident (F-2-1) on June 13, 2004.

B. On November 23, 2012, the Plaintiff filed a lawsuit seeking divorce, etc. with the Seoul Family Court Decision 2012ddan98457 against B, and the conciliation was concluded on August 14, 2013 between the Plaintiff and B.

C. On August 20, 2013, the Plaintiff applied for the extension of the period of stay to the Defendant as a marriage immigration (F-6-1). However, after conducting a fact-finding survey on the Plaintiff, the Defendant rejected the Plaintiff’s application on December 12, 2013 on the ground that “the lack of authenticity of the marriage and the uncertainty of the cause attributable to his/her spouse, etc.” was “other reasons”.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1 to 7; Eul evidence 1; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion does not have minor criminal records during his/her entry into the Republic of Korea in around 2004 and staying close to 10 years. In addition, the plaintiff's claim is not a minor criminal record, while maintaining a normal matrimonial relationship as a spouse of a citizen of the Republic of Korea, and he/she liquidated the above marital life with judicial divorce because he/she could no longer maintain a marital relationship with his/her spouse's liability, and although there is no justifiable reason not to permit the plaintiff's application for extension of the period of stay, the defendant's disposition of this case on the ground of "other reasons, such as lack of authenticity of a prior marriage and uncertainty of

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

C. (1) On July 24, 2008, the Plaintiff was ordered to suspend indictment on the “public records, etc., such as public records, due to marriage, and the crime of uttering,” from a public prosecutor belonging to the Seoul Central District Public Prosecutor’s Office. The Plaintiff is against this.

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