1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On December 7, 2010, the Plaintiff entered the Republic of Korea upon obtaining the status of non-professional employment (E-9) sojourn on December 7, 2010, and left the Republic of Korea on September 22, 2015. On January 21, 2016, the Plaintiff re-enters the Republic of Korea as the status of non-professional employment (E-9) sojourn on November 20, 2017, and is making an illegal stay on November 20, 2017, the expiration date of the period of sojourn.

B. Vietnamese, on August 27, 2013, filed a marriage report with C who is a national of the Republic of Korea, and entered the Republic of Korea on November 13, 2013. On D, E was generated between D and D, and acquired the nationality of the Republic of Korea on February 27, 2017, but a divorce was between C and C on December 28, 2017.

Since then, B produced G between the F date and the Plaintiff on the same day, and reported marriage with the Plaintiff.

C. On May 18, 2018, the Plaintiff filed an application with the Defendant for change of the status of stay to the spouse (F-6-1) of a citizen’s spouse. On August 30, 2018, the Defendant rejected the said application on the ground that the Plaintiff’s spouse (B) does not meet the requirements of Article 9-5(1)8 (three years after acquiring nationality) of the Enforcement Rule of the Immigration Control Act (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 6, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 through 5, 7 and 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. With respect to the Plaintiff’s assertion, the criteria for the examination of status of stay should be mitigated at a humanitarian level, such as fostering of children and welfare. As such, the instant disposition was deviates from and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to Articles 10(1), 17(1), 24(1), and 25 of the Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018), a person who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree, and a foreigner who enters the Republic of Korea shall have the said status of stay and the period of stay.