체류자자격변경불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a foreigner of Egypt nationality.
On March 2, 2011, the Plaintiff entered the Republic of Korea under the qualification of tourist transit (B-2) and stayed illegally from April 2, 2011 to January 7, 2014, and left the Republic of Korea on January 7, 2014.
On December 23, 2013, the Plaintiff reported marriage with B who is a national of the Republic of Korea.
On August 17, 2014, the Plaintiff applied for a visa for marriage immigration (F-6) to the Embassy stationed in the Republic of Korea. However, on August 24, 2014, the Plaintiff was denied as “insufficient payment certificate of income tax”.
On September 25, 2014, the Plaintiff again entered the Republic of Korea as a tourist transit (B-2) qualification, and applied for the alteration of status of sojourn to the Defendant as a visiting agent (F-1) qualification on October 24, 2014.
On January 13, 2015, the Defendant rendered a decision not to permit the change of status of stay on the ground that “the validity of stay and visit stay (F-1) fails to meet the qualification requirements” to the Plaintiff.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1-6, the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is a spouse of B, who is a national of the Republic of Korea, and needs to be qualified as a visiting agent (F-1) to prepare expenses for artificial insemination treatment and to perform a job in Korea. Thus, the instant disposition is unlawful.
B. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree” and Article 24(1) of the Act provides that “A foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of stay different from his/her status of stay shall obtain prior permission for alteration of status of sojourn from the Minister
Article 12 of the Enforcement Decree of the Act provides that the status of stay of foreigners pursuant to Article 10 (1) of the Act shall be as specified in attached Table 1, and the status of stay of foreigners pursuant to the above [Attachment Table 1] No. 26 A, item (d) shall be the person eligible to obtain the status of stay at the visit (F-1).