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

A. The Plaintiff, a Korean national of China, was issued a visa on August 29, 2007 with the invitation of his relative residing in Korea, and entered the Republic of Korea on October 6, 2007 as the sojourn status for visiting employment (H-2 and the sojourn period until August 5, 2012).

B. On May 15, 2012, prior to the expiration of the above period of stay, the Plaintiff filed an application for change of the status of stay to the Defendant as an overseas Korean status (F-4). On June 14, 2012, the Defendant rejected an application for change of the Plaintiff’s status of stay pursuant to Article 5(2)3 of the Act on the Immigration and Legal Status of Overseas Koreans on the ground that “the Plaintiff is deemed to have a criminal record, such as theft and injury, and to have a risk of undermining the interest of the Republic of Korea, such

(hereinafter “instant disposition”). C.

On June 22, 2012, the Plaintiff issued a notice of the instant disposition to the Defendant and signed the confirmation.

【Ground for recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff was acquitted of KRW 1,50,000 on July 13, 2010, which was subject to a disposition of suspending indictment for larceny; however, there are extenuating circumstances to consider the motive and process; and the Plaintiff asserted not guilty of the case on March 27, 2012, which was sentenced to a fine of KRW 1,50,000 due to an injury, but at the time of communication with the state appointed defense counsel, it became final and conclusive without filing an

Therefore, it cannot be deemed that the Plaintiff could harm the interests of the Republic of Korea solely on the grounds that such crime of larceny and bodily injury was committed against the Plaintiff. This does not constitute grounds for exclusion from sojourn status (F-4) of overseas Koreans (F-4) stipulated in the Immigration Control Act and the Visa Issuance Manual prepared by the Ministry of Justice. Thus, the instant disposition is unlawful since it abused discretion.

3. Judgment on the main defense of this case

A. The defendant's lawsuit of this case on the main defense of this case is affixed with a seal of the plaintiff.