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. The Plaintiff, as a man of Vietnam’s nationality, entered the Republic of Korea with a visa issued on February 11, 2019 for short-term visit (C-3) by the husband of a female-born B (B and C) who is staying in Korea under the qualification of marriage immigration (F-6-1).
B. On March 21, 2019, the Plaintiff filed an application for change of the status of stay for visiting and accompanying (F-1-5) for reasons such as assisting the Defendant in raising female children.
C. Accordingly, on March 21, 2019, the Defendant rejected the Plaintiff’s application for change on the ground that the Plaintiff’s omission of the marriage by marriage did not qualify as a visiting agent’s parent and family member (F-1) with the subject-matter of the marriage by marriage.
(hereinafter referred to as the "disposition of Denial of Permission of this case"). [Grounds for Recognition] Fact that there is no dispute, entry of Eul in subparagraphs 1 through 6, and the purport of the whole pleadings.
2. Whether the non-permission disposition of this case is legitimate
A. On April 8, 2019, the purport of the Plaintiff’s assertion is that the female her mother born to a Korean mother on or around April 8, 2019, and the female her mother was in need of nursing for at least one year after the surgery, and the current female her mother and its her mother have a strong condition to assist others.
However, the Plaintiff’s Vietnam parents died in the past, and another woman living in the Republic of Korea after marriage with another Korean person, which is now living in the Republic of Korea, cannot be said to be a situation to look at the woman and the infant who has given birth of the child recently on the ground of her own family form and health.
For these reasons, the plaintiff has recently given birth on behalf of other family members in order to look at women and children who were given birth and have been considered in Korea, and the plaintiff has applied for change of status of stay for the defendant's humanitarian stay.
Nevertheless, the defendant's rejection of the above application by the plaintiff is different from the marriage immigrants.