체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The plaintiff is a foreigner of nationality of the People's Republic of China.
B. On May 11, 201, the Plaintiff’s mother B (B) reported marriage with C who is a national of the People’s Republic of China on May 11, 201, and entered the Republic of Korea as a residence (F-2) capacity on August 10, 201, and obtained permission for change of status as a marriage immigration (F-6) capacity on July 16, 201, and is still staying in the Republic of Korea until now.
C. Upon the invitation of C, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) on November 3, 2013, and C adopted the Plaintiff on December 3, 2013.
On January 23, 2014, before the expiration date of the stay period, the Plaintiff filed an application with the Defendant for permission to change the status of stay in the capacity of visit (F-1) with the purpose of staying in the Republic of Korea, such as “the living together with the father and the mother, the nursing of the father and the support of the father and the mother,” etc. However, the Defendant was denied on September 4, 2014.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 to 7 evidence, Eul’s 1 to 4 evidence, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. On December 3, 2013, the Plaintiff’s assertion C adopted the Plaintiff on December 3, 2013, and became a father-child under the law of the Plaintiff and the father-child B were married with the Plaintiff and reside in Korea. Thus, the Plaintiff, C, and B are families.
And C and B are disabled persons, or elderly health conditions are not good, so it is necessary to obtain help from the young children.
Therefore, the Defendant’s disposition denying the Plaintiff’s application for permission to change the Plaintiff’s status of stay without sufficiently considering such circumstances is unlawful since the Defendant’s disposition of denying the Plaintiff’s application for permission to change his/her status of stay is unlawful, since it was in violation of discretionary authority, without sufficiently considering the aforementioned circumstances.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1 Article 10(1) of the Immigration Control Act is applicable.