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(영문) 서울행정법원 2014.12.19 2014구합63503
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), reported a marriage with the deceased B who is a national of the Republic of Korea on October 10, 2006 (hereinafter referred to as "the deceased").

On March 28, 2007, the Plaintiff was granted the status of stay for the spouse of the citizen (title F-2) before the enforcement date of December 15, 201, as amended by Presidential Decree No. 23274 on November 1, 201, but the spouse of the citizen was granted the status of stay for marriage immigration (title F-6) upon the amendment of the above Enforcement Decree.

After that, as the Enforcement Decree of the Immigration Control Act was amended, the Plaintiff changed the status of stay to the status of stay for marriage immigrants (F-6) on March 7, 2012.

The Deceased died on August 1, 2012.

The plaintiff filed an application for extension of the stay period of a married immigration status(F-6) on the ground that his/her marriage relationship with the deceased was terminated due to a cause not attributable to himself/herself, and that he/she falls under subparagraph 4 (c) of attached Table 1 of the Enforcement Decree of the Immigration Control

However, on April 21, 2014, the Defendant rejected the Plaintiff’s application for permission to extend the period of stay on the ground that the Plaintiff could not be deemed to have lived separately with the Deceased at the time of the death of the Deceased, on the ground that the Plaintiff could not be deemed to have lived normally with the Deceased (hereinafter “instant disposition”).

[Based on recognition, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings as to Gap’s evidence Nos. 1, 3, and 2, and 11, and the purport of the entire pleadings was lawful. The Plaintiff demanded a separate appeal on the ground that the Plaintiff’s demand was obstructed in taking punishment from the Deceased on June 201, while married with the Deceased and carrying out a normal marital life with his/her genuine will. From that time to that time, the Plaintiff began to separate the Deceased

However, even after the commencement of separation as above, the plaintiff and the deceased maintained marital relations at least three times during one month, and the plaintiff listens to the death consciousness of the deceased.

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