1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On December 20, 1998, the Plaintiff of Chinese nationality entered the Republic of Korea as a short-term visit (C-3) sojourn status, and entered the Republic of Korea on March 18, 2005, and entered the Republic of Korea on April 9, 2006, and entered the Republic of Korea on April 7, 2009.

B. On May 28, 2009, the Plaintiff applied for the change of the status of stay to the status of permanent residence (F-5) around July 2012 after entering the Republic of Korea as the status of stay for visiting employment (H-2) (H-2). However, on July 15, 2013, the Plaintiff was denied on the ground that “the status of stay is unclear” (hereinafter “previous disposition”).

C. After that, on September 5, 2013, the Plaintiff again applied for the change of the status of stay to permanent residence from the status of stay for visiting employment to the status of stay on a permanent basis. However, on July 1, 2014, the Defendant notified that he/she should depart from the Republic of Korea until July 15, 2014 (hereinafter collectively referred to as the “instant disposition,” in which the decision of refusal and the notice of departure should be rendered.

On the other hand, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, 12, Eul evidence 1, 2, 3, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a child of B (name opened after moving to China) who was a national of the Republic of Korea. Thus, Article 10 (1) of the Immigration Control Act and Article 12 and [Attachment Table 1] 28-3 (e) of the Enforcement Decree of the Immigration Control Act are subject to permanent residence status, but the disposition of this case on a different premise is unlawful.

(b) Article 10 (Status of Sojourn) (1) Any foreigner who intends to enter the Republic of Korea shall have such status as prescribed by Presidential Decree;

Article 24 (Permission to Change Status of Sojourn) (1) If a foreigner staying in the Republic of Korea intends to engage in activities falling under the status of sojourn other than his/her status of sojourn,