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

A. On December 12, 2008, the Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as the status of stay (F-2) in the Republic of Korea on May 6, 2009 after completing the marriage report with the net B (Death February 7, 2016) who is a national of the Republic of Korea.

B. After being granted the status of stay for marriage immigrants (F-6) on April 29, 2013, the Plaintiff applied for permission to extend the period of stay for marriage immigrants (F-6) and permission to change the status of stay for permanent residence (F-5) to the Defendant on March 4, 2015.

C. The Defendant permitted the extension of the period of stay on March 4, 2015 to the end of May 6, 2016 upon the Plaintiff’s application for permission for extension of the period of stay. However, on July 12, 2016, the Defendant issued a disposition not to permit the change on the ground that “the Plaintiff’s application for permission for alteration of the status of stay was for lack of confirmation as to whether the spouse would maintain a normal marital life before his/her death, failure in Korean language, etc.” (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap evidence Nos. 1, 20, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the lawsuit is lawful;

A. The defendant's main purport of the main defense is that since the plaintiff left Mongolia after the disposition of this case and re-entry the Republic of Korea after obtaining new status of stay, the plaintiff has no legal interest due to the cancellation of the disposition of this case.

(b) An alien who intends to enter the Republic of Korea shall obtain the status of stay (Article 10(1) of the Immigration Act), and an alien who intends to continue to stay in the Republic of Korea beyond the period of stay based on the status of stay after entry, shall obtain permission for extension

(Article 25 of the Immigration Control Act). Accordingly, when the period of stay expires without obtaining permission for extension of the period of stay from the Minister of Justice, the status of stay shall be terminated and it shall be treated as an illegal foreigner.

On the other hand, foreigners staying in Korea are themselves.