The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On September 4, 2019, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 4, 2019, as a male of the Republic of Vietnam (Vietetna) nationality B.

B. Meanwhile, the Plaintiff’s female-born C (C, D) married with E who is a national of the Republic of Korea, gave birth to F G, and H I, respectively, and obtained the nationality of the Republic of Korea by obtaining permission for naturalization from the Minister of Justice, and obtained permission for creativity and name as “J”.

(c)

On November 28, 2019, the Plaintiff filed an application for change of status of stay with the qualification for visiting (F-1-5) under the capacity of living together (F-1-5). On December 3, 2019, the Defendant rendered a decision not to permit the change of status of stay (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s failure to meet the requirements for change of status of stay (the two children subject to childcare support are not older than age, parents are not older than age, parents are not older, lack of evidential documents proving reasons such as serious diseases, etc., and female punishment is limited).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The instant disposition rejecting an application for change of the Plaintiff’s status of stay without considering such circumstances, inasmuch as both J and E are engaged in economic activities, the Plaintiff’s female and female members of the Plaintiff’s assertion, was unlawful by infringing the Plaintiff, J, and E’s right to care for, and right to pursue happiness, thereby abusing discretion.

B. Determination 1) Article 10 of the former Immigration Control Act (amended by Act No. 17365, Jun. 9, 2020) provides that a foreigner who intends to enter shall have a general status of stay or a permanent status. Article 10-2 of the same Act divides a general status of stay into a short-term status of stay and a long-term status of stay, and the maximum period of stay for a long-term status of stay is determined by Ordinance of the Ministry of Justice.