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Reasons
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(영문) 인천지방법원 2019.11.26 2019구단1286
체류자격변경불허처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 30, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) capacity on a short-term basis, and left the Republic of Korea on January 16, 2015. Re-entry into the same qualification as on December 16, 2016 and left the Republic of Korea on February 9, 2017. On September 12, 2018, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) capacity to visit his/her spouse and child who already stays and stayed in the Republic of Korea.

B. The Plaintiff’s spouse entered the Republic of Korea as follows, given birth to, and stayed with his/her husband and wife.

1) The Plaintiff’s spouse B (B and C) entered the Republic of Korea as a short-term visit (C-3) with the maximum period of stay of up to 90 days on September 26, 2014, and gave birth to his or her dependent on D date. On this ground, the Plaintiff’s spouse B entered the Republic of Korea on August 14, 2018 as a short-term visit (C-3 and November 12, 2018 on the expiration date of his or her stay) and entered the Republic of Korea as a short-term visit (C-3) on the same day.

3) B asserts that departure is difficult due to the scheduled date of delivery. On November 6, 2018, B applied for a change of the status of stay as other (G-1) qualifications and applied for a change of the status of stay on November 14, 2018. Women and girls also applied for a change of the status of stay on November 6, 2018 as the mother’s partner (F-1) qualification, and obtained permission for a change of the status of stay on November 14, 2018. 4) Since then B given birth to the second daughter in the Republic of Korea, B, who is the second child of the Plaintiff, acquired the qualification of visiting Dong (F-1).

C. Meanwhile, the mother-friendly H (Is and Mongolian) of the Plaintiff’s spouse is married to a national of the Republic of Korea from Mongolia and is residing in the Republic of Korea on May 15, 2017.

On December 7, 2018, the Plaintiff changed the status of stay as other (G-1) qualifications on the grounds of spouse and child care.

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