1. The instant lawsuit shall be dismissed.

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

Basic Facts

A. B completed a marriage report with the Plaintiff on December 2014, 2014, as a foreigner of the People's Republic of China nationality.

B. On November 14, 2017, B issued a visa for a short-term visit (C-3-1) sojourn status for the Plaintiff’s nursing service (C-3-1) on December 1, 2017, and entered Korea on December 1, 2017. On August 10, 2018, B was issued a visa for a short-term visit (C-3-1) sojourn status, which is “90 days of stay period, August 10, 2021 of the expiration date of entry” (C-3-1).

(hereinafter “instant status of stay”). C.

On the other hand, B filed an application for change of status of stay in the capacity of a citizen's spouse (F-6) three times after the above marriage report, but the status of stay was not changed on the ground that he did not meet the requirements for income.

Whether the action in this case is legitimate, as stated in the evidence Nos. 1, 2, and 3 of A (which is grounds for recognition)

A. Under the Administrative Litigation Act, a lawsuit seeking an execution judgment which orders an administrative agency to take a certain administrative disposition or a court to seek a formation judgment which directly takes the same effect as the administrative agency takes a certain administrative disposition shall not be permitted.

(See Supreme Court Decision 97Nu3200 delivered on September 30, 1997, etc.). B.

The Plaintiff, as the spouse B, may support the Plaintiff who was employed in a stable manner in the Republic of Korea with the long-term stay status as the “spouse (F-6) of a national’s spouse” as prescribed by the Enforcement Decree of the Immigration Control Act. The Plaintiff filed the instant lawsuit by asserting that the Plaintiff’s spouse is not issued to the foreigner’s spouse on the ground that the Plaintiff’s annual income does not meet certain requirements, as stated in the purport of the claim, is unlawful inasmuch as the Plaintiff’s spouse is difficult to support the Plaintiff’s status of stay because he/she returned to his/her country upon the expiration of the stay period and returned to the Republic of Korea and maintains his/her status of stay after entering the Republic of Korea.

C. The instant lawsuit is a stay status B by the Defendant administrative agency.