The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

The plaintiff(BB and female) is a foreigner of Vietnam's nationality.

The plaintiff's female-born C was a Vietnam national, and married with the citizen of the Republic of Korea on April 18, 2006, but divorced on October 5, 201. On June 10, 2016, he/she re-born with the above citizen of the Republic of Korea on June 10, 2016, and was on 36 weeks of pregnancy as of February 3, 2020 (the scheduled date of delivery February 27, 2020).

On November 15, 2019, the Plaintiff first entered the Republic of Korea as a short-term visit (C-3) sojourn status (the expiration date of the stay period February 13, 2020), and on December 4, 2019, filed an application for change of the status of visit stay (F-1) on the grounds of care for children after C’s childbirth.

On February 7, 2020, the Defendant rendered a non-permission to change the status of stay (hereinafter “instant disposition”) to the Plaintiff on the ground of “unsatisfying the requirements for change of status of stay” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 4, and the purport of the whole argument of the plaintiff's assertion as to the purport of the whole argument is the situation where the plaintiff's female C needs family support for childbirth and bringing up children, and C's parents cannot enter the Republic of Korea to assist C at present. Thus, the plaintiff can raise kys.

The instant disposition, which does not take into account the special circumstances of such multicultural families, is unlawful as it deviates from and abused discretionary power.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Articles 10, 24(1) and 25 of the Immigration Control Act provide that any foreigner who intends to enter the Republic of Korea shall obtain the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and any foreigner who stays in the Republic of Korea intends to engage in an activity falling under the status of stay different from that of his/her status of stay shall obtain a permit to change his/her status of stay from the Minister of Justice in advance, and any foreigner shall obtain the permission to extend

Therefore, foreigners are recognized at the time of their initial entry.