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(영문) 수원지방법원 2014.10.01 2013구합14093
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 28, 2003, the Plaintiff filed a marriage report with B who is a national of the Republic of Korea on May 28, 2003 and obtained a visa for residence (F-2, 90 days) from the Republic of Korea on August 27, 2003, and resided with the permission to extend the period of sojourn after entering the Republic of Korea.

B. On October 14, 2009, the Plaintiff filed a divorce lawsuit against Suwon District Court (2009ddan51200). On March 31, 2010, the said court rendered a decision to recommend reconciliation with the purport that “The Plaintiff and B shall be divorced due to the reasons attributable to B’s liability.” The Plaintiff shall be paid a solatium amounting to KRW 500,000 by April 30, 2010, and the said decision to recommend reconciliation was finalized on April 24, 2010.

(hereinafter referred to as the “decision of recommending reconciliation of this case”).

On October 29, 2010, the Plaintiff applied for the alteration of status of permanent residence (F-5) to the Defendant. On May 20, 2011, the Defendant rendered a non-permission disposition on the ground of insufficient financial requirements, etc.

On November 2, 2012, the Plaintiff applied for the alteration of status of permanent residence (F-5) to the Defendant again, but the Defendant rendered a disposition of nonpermission on July 9, 2013 on the ground of “insufficient proof of spouse’s return to the Plaintiff.”

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 7, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was divorced due to the reasons attributable to B while maintaining a normal matrimonial relationship with B. The plaintiff filed an application for permanent sovereignty with the defendant, and thereafter, submitted a written decision on the recommendation for settlement of this case with documents proving that there was no reason attributable to B in accordance with the "Guidance Manual on Foreigners' Stay" published by the Ministry of Justice, but the defendant was not aware of the reason attributable to B. The disposition of this case is unlawful by misunderstanding the facts, thereby abusing and abusing discretion and violating the principle of protection of trust.

(b) Appendix attached to the relevant legislation;

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