(영문) 서울행정법원 2018.10.25 2018구단68158

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(영문) 서울행정법원 2018.10.25 2018구단68158

체류자격 변경 불허가처분취소

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 September 4, 2013, the Plaintiff of Pakistan: (a) entered the Republic of Korea as a non-professional employment (E-9); (b) entered the Republic of Korea with the extension of the period of stay; and (c) reported marriage with B who is a national of the Republic of Korea on June 19, 2018; and (d) filed an application for the alteration of the status of stay with the marriage immigration (F-6) on June 28, 2018.

B. On July 26, 2018, the Defendant notified the Plaintiff of the decision of non-permission on the ground that “the instant disposition is not a normal marriage without the authenticity and voluntary intention of marriage” (hereinafter “instant disposition”).

[Reasons for Recognition] Class A, Evidence Nos. 1, 2, Eul Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful in the disposition of this case by the defendant on a different premise, even though the plaintiff had a genuine marriage will with B, love with each other, and reported a marriage.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Articles 10(1), 24(1), and 25 of the former Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree; a foreigner who intends to stay in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance; if the foreigner intends to continue his/her stay in excess of the period of sojourn, the foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree. Thus, the foreigner may stay only within the scope of the status of sojourn recognized at the time of initial entry and the period of sojourn; if the foreigner needs to continue his/her stay in the Republic of Korea, he/she shall obtain the permission to change the status of sojourn or

참조조문

-출입국관리법 제10조 제1항

-출입국관리법 제24조 제1항

-출입국관리법 제25조

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