체류자격변경불허처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 18, 2018, the Plaintiff entered the Republic of Korea as a foreigner of Vietnam’s nationality, with the status of stay for short-term visits (C-3) on a short-term basis.
On the other hand, the foreigner of Vietnam is raising two children who are born on May 5, 2008 and January 2, 2010 in Korea.
B. On July 13, 2018, the Plaintiff filed an application with the Defendant for permission to change the status of stay on the ground of “Support for Macdong Fostering” (F-1).
On July 27, 2018, the Defendant rendered a disposition not to change the status of stay (hereinafter “instant disposition”) on the ground of insufficient requirements.
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, 3, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the plaintiff's assertion is that the female couple of the plaintiff's female couple currently has double-income relationship, and it is urgently necessary for the plaintiff's help to raise both children.
Nevertheless, the Defendant’s rejection of the Plaintiff’s application for change of status of sojourn solely on the ground that the Plaintiff’s age exceeds the standard age under the Defendant’s Work Guidelines is an illegal and unjust disposition that does not take into account the Plaintiff’s special circumstances.
B. Determination 1) Articles 10(1), 24(1), and 25 of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018) shall have the status of stay prescribed by Presidential Decree. An alien who intends to enter the Republic of Korea shall obtain the status of stay prescribed by Presidential Decree. If an alien who stays in the Republic of Korea intends to engage in an activity that differs from his/her status of stay, he/she shall obtain prior permission to change his/her status of stay from the Minister of Justice; and