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

A. The plaintiff, a foreigner with the nationality of Pakistan, entered the Republic of Korea on August 10, 2005 as an initial foreigner in the capacity of training employment (E-8). The same year after departure from the Republic of Korea on July 30, 2008.

9. 11. Non-professional Employment (E-9) re-entry into the Republic of Korea with a visa, and on April 30, 2012, a report of marriage with a national of the Republic of Korea is currently staying in the Republic of Korea in the capacity of marriage immigration (F-6).

B. On May 15, 2012, the Plaintiff left the Republic of Korea after receiving a departure order from the Defendant for eight months on the ground that the period of stay expires (on September 10, 2011), and returned to the Republic of Korea on July 20, 2012 as a marriage immigration (F-6).

C. On April 11, 2018, the Plaintiff filed an application for change of status of stay with the Defendant as permanent residence (F-5). On August 21, 2018, the Defendant rendered a disposition to deny the change of status of stay (hereinafter “instant disposition”) on the ground that the Plaintiff had a history of illegal stay, on the ground that the Plaintiff had a history of illegal stay.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 19, Eul evidence Nos. 1 to 5 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant disposition denying the change of status of stay solely on the ground that there was past illegal stay history, is unlawful as it deviatess from and abused discretion, although the Plaintiff did not engage in any criminal act while staying in the Republic of Korea for at least six years after entering the Republic of Korea with a visa.

B. 1) Permission for change of status of stay has the nature of a sort of permanent disposition that grants the applicant the right to engage in activities that are different from the original status of stay. In granting permission for change of status of stay or granting permission for extension of status of stay, the permitting authority has discretion to decide whether to grant permission in consideration of the applicant’s eligibility, purpose of stay, impact on the public interest, etc., and in particular permanent residence (F-5 status