TITLE	Supreme Court Decision 2018Du66869 Decided July 4, 2019 ¡¼Revocation of Provisional Disposition Revoking Extension, etc. of Period of Stay¡½ [full Text]
Summary
[1] Legislative purport of Article 12 [Attachment 1] Subparag. 28-4 Item (c) under the former Enforcement Decree of the Immigration Act concerning status of stay for the F-6 visa issued to a spouse of a Korean national, and the meaning of ¡°a person who cannot maintain a normal matrimonial relationship because of reasons not attributable to oneself,¡± which is the requirement for obtaining the status of stay for the F-6 visa [2] In the case where an administrative authority issues a disposition of rejection against an alien applying for status of stay for the F-6 marriage-based immigration (F-6 Item (c)), the grounds for disposition An entity holding the burden of proof of the grounds for the foregoing disposition in the lawsuit for revocation of disposition rejecting the granting of status of stay for marriage-based immigration (held: administrative authority) [3] Whether the competent court handling an administrative lawsuit can recognize facts contrary to those recognized in the relevant judgment that became final and conclusive (negative in principle), and whether the immigration authority or the competent court handling an administrative lawsuit must respect a decision made in a final judgment of divorce by the family court with respect to the granting of status of stay for marriage-based immigration [F-6 Item (c)] (affirmative in principle)

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