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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 2, 2010, the Plaintiff entered the Republic of Vietnam as a foreigner of non-professional employment (E-9) status, and was staying there. On September 2, 2015, the expiration date of the period of stay, the Plaintiff filed a marriage report with the Embassy B, Vietnam, the status of permanent residence (F-5) status of stay (F-5) (acquisition of permanent residency on January 4, 2012), and filed a marriage report with the Embassy on April 25, 2017.
B. On December 8, 2017, the Plaintiff filed an application for change of the status of stay in the capacity of residence (F-2) on the grounds that he/she is the spouse of B who has his/her permanent stay status. However, on January 30, 2018, the Defendant rendered a disposition refusing to extend the period of stay, etc. (hereinafter “instant disposition”) on the ground that the Plaintiff is a spouse of B who has his/her permanent stay status.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion was married with B, a permanent resident, who had entered the Republic of Korea and lived in good faith. Considering that the status of a permanent resident as a spouse, B is currently in need of continuous medical treatment, and that the issue of the income of B, a patient, is contrary to the principle of proportionality, it is illegal to deny the extension of the period of stay to the plaintiff is an abuse of discretionary authority.
B. (1) Articles 10(1), 24(1), and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of stay prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of stay different from that of his/her status of stay shall obtain the permission to change the status of stay from the Minister of Justice in advance, and that a foreigner shall obtain the permission to extend the period of stay from the Minister of Justice before the period of stay expires