1. Revocation of the first instance judgment.

2. The part of the instant lawsuit pertaining to the notice of departure time shall be dismissed.

3. The plaintiff.

1. On October 22, 2009, the Plaintiff of the nationality of the People's Republic of China (hereinafter referred to as "China") entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis, and reported a marriage with a national of the Republic of Korea on November 3, 2009, and changed the status of stay as a national's spouse on May 20, 2010, and is residing in the Republic of Korea until now.

On July 4, 2012, the Plaintiff requested the Defendant to change the status of stay to permanent residence (F-5).

However, on June 27, 2013, the defendant notified the plaintiff of his departure until July 11, 2013, that the application for alteration of the status of stay should not be permitted on the grounds that there are other reasons, such as the failure of good behavior, the failure of movement, and the lack of marriage authenticity.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 1-3, and No. 2 of Evidence No. 1-3, and the purport of the whole pleadings

2. Parts concerning the notice of departure deadline;

A. As to the Plaintiff’s assertion of the parties in this case’s petition for the revocation of this part, the Defendant’s notification of departure from the Republic of Korea by July 11, 2013 is incidental to the decision of refusal to change the status of stay that was issued on June 27, 2013 and notification of departure time limit pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act. Thus, it does not constitute an administrative disposition.

B. Articles 17(1), 46(1)8, 67(1)1, and 68(1)2 of the Immigration Control Act (amended by Act No. 12421, Mar. 18, 2014) stipulate that any foreigner may stay in the Republic of Korea within the scope of his/her sojourn status and sojourn period, and any violation of his/her sojourn period shall be subject to deportation out of the Republic of Korea. However, if the violation is minor, the competent agency may recommend the foreigner to voluntarily leave the Republic of Korea, and if the foreigner fails to comply with the departure recommendation, the competent agency may recommend the foreigner to voluntarily leave the Republic of Korea.

Therefore, a foreigner shall immediately be out of the Republic of Korea when the period of stay prescribed in the status of stay expires.