1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff, Chinese nationality foreigner, entered the Republic of Korea on January 22, 2012, with the status of stay for visiting employment (H-2).

On September 18, 2015, the Plaintiff filed an application for change of status of stay with the Defendant as permanent resident (F-5) (hereinafter “instant application”). However, on February 3, 2017, the Defendant rendered a disposition rejecting the said application on the ground of “personal injury on documents” (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and Eul evidence Nos. 1, and the purport of the entire pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case is one of the children of one Korean national in China, and his father's identity was erroneously stated in Eul's personal information upon the application of this case.

Furthermore, after entering the Republic of Korea, the Plaintiff has faithfully resided without the history of punishment, and the disposition of this case must be left away from his/her child residing in the Republic of Korea, and the economic and social foundation that has been formed in the Republic of Korea shall be lost.

Therefore, the instant disposition is unlawful as it misleads the factual basis or deviatess from discretionary power.

Judgment

1. Articles 10(1), 24(1), and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of sojourn prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of sojourn different from that of his/her status of sojourn shall obtain the permission to change the status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires as prescribed by Presidential Decree