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

On February 15, 2010, the Plaintiff entered the Republic of Korea as a foreigner of Chinese nationality (F-2), and changed the status of stay into the Republic of Korea on October 8, 2012 (F-6), as an overseas Korean (F-4), on December 1, 2014, and filed an application to change the status of stay to the status of permanent residence (F-5) with the Defendant on June 1, 2016 (hereinafter “instant application”).

On July 20, 2017, the Defendant rendered a non-permission decision on the extension of sojourn period, etc. (hereinafter “instant disposition”) to the Plaintiff on the ground of “insufficient income requirements, etc.”

【Ground of recognition” without any dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 8, and the purport of the whole pleadings and the purport of the disposition of this case as to the legitimacy of the disposition of this case as to the plaintiff’s permanent residence (F-5). The sum of income of the principal, his spouse, or his family members living together with the family members for the last one year as of the date of application for qualification of permanent residence (F-5) reaches or exceeds the citizen’s total income (GNI) per head in the previous year. The defendant issued the disposition of this case

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

Judgment

1. Articles 10(1), 24(1), and 25 of the 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 intends to engage in activities that fall under the status of sojourn different from that of his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance; and that a 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, a foreigner may stay only within the scope of his/her status of sojourn recognized at the time of initial