1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on February 27, 2018, and the Plaintiff’s female female was married to a national of the Republic of Korea in 2007 and acquired the nationality of the Republic of Korea in 2014 after having married to a female of the Republic of Korea, and the Plaintiff applied for the acquisition of the qualification for his/her family visit (F-1) for fostering the her married baby.

B. However, the Defendant rejected an application for change of status of stay on May 23, 2018 (hereinafter “instant disposition”) by deeming that the Plaintiff failed to meet the basic requirements of a person eligible to obtain a visit (F-1) for raising immigrants by marriage as “matern” and that he/she did not prove the need to stay in the Republic of Korea (hereinafter “the instant disposition”). While the Plaintiff filed an administrative appeal, it was dismissed on August 14, 2018, the Plaintiff filed an administrative appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s mother’s death, and the father’s death could only look at the Plaintiff’s fostering of early childhood due to disease, but the instant disposition is against the principle of equality and the prohibition of discrimination.

B. The change of status of stay is a kind of authoritative disposition that grants a foreigner the authority to engage in activities that are different from the initial qualification. This is a discretionary act for which the permitting authority can decide whether to grant permission by taking into account the purpose of sojourn, the relationship with the public interest, and the domestic circumstances, and thus, is lawful insofar as the disposition based on erroneous facts was made or is not carried out in violation of the principle of proportionality and the principle of equality.

In addition, a foreigner may stay only within the scope of the status and period of sojourn recognized by the country concerned at the time of initial entry, and if the foreigner needs to continue his/her stay in Korea, after departure.