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

A. On October 11, 2019, the Plaintiff obtained a visa for short-term visit (C-3) from a foreigner of Chinese nationality, and applied for permission to change the status of stay to the status of stay of marriage immigration (F-6 and the spouse of the citizen) to the Defendant on November 14, 2019.

B. On November 25, 2019, the Defendant rendered a decision denying the change of the Plaintiff’s status of stay (hereinafter “instant disposition”) on the ground that the “F-6 (Marriage without any humanitarian reason for being subject to restriction on qualification change”) failed to meet the requirements for qualification change.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 7-1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After marriage on April 8, 2014 between B and B, who acquired the nationality of the Republic of Korea, the Plaintiff filed an application for the issuance of a marriage immigration visa with the Korean consul in China, but it did not obtain a ruling of non-permission on two occasions in 2014 and 2017, and maintained the marital life with B by entering the Republic of Korea with a short-term visa without obtaining a ruling of non-permission.

As such, the instant disposition against the Plaintiff, who not only maintains a normal marital life with B, but also works in the Republic of Korea, compelling the Plaintiff to obtain a visa for marriage immigration from a Chinese consular official who refuses to issue a visa for marriage immigration twice or more without any specific grounds, and denying the change of status of stay, and practically leaves the Plaintiff to China, should be revoked because it is an abuse of discretionary authority as an anti-human rights and anti-human measure.

B. Articles 10, 24(1) and 25 of the Immigration Control Act provide that an alien who intends to enter the Republic of Korea shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and an alien who stays in the Republic of Korea intends to engage in an activity that differs from his/her status of stay, the alien shall obtain prior permission to change the status of stay from the Minister of Justice,