1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On February 3, 2010, the Plaintiff entered the Republic of Korea with Chinese nationality as the status of stay for visiting employment (H-2) on February 3, 2010.

B. On May 28, 2014, the Plaintiff filed an application with the Defendant for change of status of stay into a permanent resident (F-5). However, on March 22, 2016, the Defendant rendered a decision to deny the Plaintiff’s application for change of status of stay for reasons, such as good and good faith, etc.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1, 6, and 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was subject to a penalty or a fine for negligence on several occasions after entering the Republic of Korea on February 3, 2010, but this is not subject to criminal punishment, but subject to administrative order punishment. The Plaintiff’s character cannot be deemed to be readily concluded solely on the ground that the Plaintiff was punished by a penalty or a fine for negligence.

Nevertheless, the defendant's disposition of this case on 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;

(2) The maximum period of sojourn permissible at one time shall be prescribed by Ordinance of the Ministry of Justice.

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

Sojourn status of foreigners under Article 12 (Classification of Sojourn Status) of the Enforcement Decree of the Immigration Control Act (Classification of Sojourn Status) shall be as specified in attached Table 1.

A person who falls under the status of stay (mark) (mark) or status of stay 28-3. Permanent Residence (F-5) of 28-3. A person who is not subject to deportation under the subparagraphs of Article 46 (1) of the Act and falls under any of the following items:

(l) a person engaged in job-seeking activities with the status of stay for visiting employment (H-2);