1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. A. Around September 2016, the Plaintiff filed a marriage report with a foreigner of Chinese nationality who is a national of the Republic of Korea. On December 13, 2017, the Plaintiff filed an application for permission to change the status of stay to the status of permanent residence (F-5) with the Defendant on January 13, 2020 while entering the Republic of Korea as the status of stay for marriage immigration (F-6) and staying in the Republic of Korea.

B. On April 21, 2020, the Defendant rendered a ruling to deny the application for permission to change the status of stay (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff failed to meet the requirements for good conduct, such as compliance with the laws and regulations of the Republic of Korea.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, 7, 9 evidence, Eul's 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion led to a smooth marital life while raising his or her spouse together with his or her spouse, the Defendant’s erroneous determination of the Plaintiff’s past constitutes a deviation from and abuse of discretionary authority, and thus, it should be revoked in an unlawful manner.

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

C. According to Articles 10, 24(1) and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and an alien who stays in the Republic of Korea intends to engage in an activity falling under any of the status of stay different from that of his/her status of stay shall obtain a permit to change his/her status of stay from the Minister of Justice in advance, and an alien shall obtain a permit to extend

Therefore, a foreigner may stay only within the scope of the status and the period of sojourn recognized at the time of initial entry, and if a foreigner needs to continue his/her stay in the Republic of Korea, he/she shall undergo the procedure of re-entry after departure, except in exceptional cases.