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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Details of the disposition
Plaintiff
On December 23, 2011, Plaintiff A entered the Republic of Korea as a short-term visit (C-3), with the invitation of Plaintiff A, who is a Chinese national, and has been staying there on January 2, 2012. (2) Plaintiff A applied for the change of status of sojourn to the Defendant on April 3, 2012 as a permanent resident (F-5) qualification.
3) On May 10, 2013, the Defendant rendered a disposition to the Plaintiff on the grounds of “A” and “A’s refusal to file an application for change of the status of stay of Plaintiff A pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act, and notify the Plaintiff of his departure by May 24, 2013. As to Plaintiff B, Plaintiff B was married between Plaintiff A and China on March 2, 1992, and on December 30, 2007, Plaintiff B entered the Republic of Korea as the qualification for visiting employment (H-2) upon the invitation of the Mayor/C on December 30, 2007.
2) On April 3, 2012, Plaintiff B filed an application with the Defendant for change of the status of stay (F-2) as Plaintiff’s spouse’s status. 3) On May 10, 2013, the Defendant rendered a disposition to the Plaintiff B, which rejected Plaintiff B’s application for change of the status of stay pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act and notify the Defendant of his departure by May 24, 2013, on the grounds of the “permission for change of the status of stay as Plaintiff B’s spouse” (spouse).
(2) The defendant did not give prior notice of disposition and an opportunity to present opinions to the plaintiffs in rendering the disposition of this case as to whether the disposition of this case is legitimate or not, and the reason for the disposition was not specifically presented.
Although Article 3 (2) 9 of the Administrative Procedures Act and Article 2 (2) of the Enforcement Decree of the same Act, the Administrative Procedures Act does not apply to matters concerning entry and departure of foreigners, recognition of refugee status, naturalization, and recovery of nationality.