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(영문) 서울행정법원 2019.01.08 2018구단61409
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 October 6, 2003, the Plaintiff, a foreigner of Pakistanan nationality, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn and stayed in the Republic of Korea on April 12, 2005, and completed a marriage report with B who is a national of the Republic of Korea on September 2, 2005, and Article 10(1) of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018; hereinafter the same shall apply) of the Enforcement Decree of the former Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201); Article 12 [Attachment Table 1] 27(a) of the former Enforcement Decree of the Immigration Control Act.

According to the Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201; Presidential Decree No. 23274, Nov. 1, 201; Presidential Decree of the Immigration Control Act), the spouse of a marriage immigration (F-6) is granted the status of stay for falling under subparagraph 27 (F-2) according to the attached Table 12 [Attachment Table 1] of the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201); and Article 12 [Attachment Table 1-2] of the Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 23274, Nov. 1, 201) is subject to the status of stay for marriage immigration (F-6) as the status of stay for falling under subparagraph 27 (a) and becomes subject to the status of stay.).

B. After several times, the Plaintiff was granted permission for extension of the period of stay (the expiration date of the final period of stay: July 19, 2017) and was staying in the Republic of Korea. On September 8, 2016, the Plaintiff filed a lawsuit for divorce and consolation money (U.S. District Court 2016ddan508765; hereinafter “instant divorce lawsuit”) against B, and on July 12, 2017, the Plaintiff and B received a judgment in favor of the Plaintiff on July 12, 2017, stating that “The Plaintiff will divorce. B shall pay consolation money of KRW 3 million and delay damages therefrom to the Plaintiff,” and the said judgment became final and conclusive on August 4, 2017.

(hereinafter “instant divorce judgment”) C.

On July 2017, the Plaintiff filed an application with the Defendant for permission to extend the sojourn period for marriage immigrants (F-6). However, on October 27, 2017, the Defendant lacks the authenticity of marriage against the Plaintiff.

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