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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s female-born B (B and written adjudication) stated that it is not clear whether or not the Plaintiff’s female-born couples are male and female-born.) was married with C and produced a D date E.
B. On March 7, 2017, the Plaintiff entered the Republic of Korea under the short-term visit (C-3) qualification on March 7, 2017, and applied for a change of the status of stay as a visiting agent (F-1) qualification on May 25, 2017.
C. However, on June 12, 2017, the Defendant rejected an application for change of status of stay on grounds of insufficient requirements for the scope of family members raising immigrants by marriage, failure to comply with a request for attendance of an excursion ship, etc., and the Plaintiff filed an administrative appeal, but was dismissed on December 15, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. Permission to change the status of stay is a kind of permanent measure that grants a foreigner the authority to engage in activities that are different from the initial qualification, and this is a discretionary act for which the permitting authority can decide whether to grant permission in a combined manner, taking into account the purpose of sojourn, the relationship with the public interest, and domestic circumstances. Thus, the permission to change the status of stay is lawful insofar as the disposition based on erroneous facts was made or is not carried out in violation of the principle of proportionality
However, according to Article 10(1) of the Immigration Control Act and Article 12 [Attachment Table 1] of the Enforcement Decree thereof, a person who intends to stay for the purpose of visiting a family and living together with a person recognized by the Minister of Justice shall be granted the qualification of visiting and living together (F-1) only for the person recognized by the Minister of Justice, and in the case of a married immigrants' family, if the married immigrants's children are not the parents of the married immigrants' families, only one female relative within the fourth degree of age when the children of the married immigrants
(In the case of male sex, it seems that there is a relatively high possibility of illegal employment).