1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The plaintiff is a foreigner of nationality of the People's Republic of China.

B. On March 13, 2007, the Plaintiff’s mother B is married with C who is a national of the Republic of Korea and is residing in the Republic of Korea after acquiring the status of permanent residence (F-5).

C. On June 15, 2014, the Plaintiff issued a visa for short-term visits (C3) with the invitation of C, and entered the Republic of Korea.

C adopted the Plaintiff on August 6, 2014.

On September 2, 2014, the Plaintiff filed an application with the Defendant for the change of status of stay (F-1) to the status of stay. D.

On January 29, 2015, the Defendant rejected the said application on the ground of “sufficient Requirements for Qualification Change” (hereinafter “instant disposition”).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 and 2, the purport of the whole pleadings]

2. Whether the instant disposition is lawful

A. It is evident that the Plaintiff’s assertion that the Plaintiff was legally adopted by the Plaintiff C constitutes the status of stay for visiting and accompanying (F-1) with the purpose of living together with his family.

In addition, there is no practical way to re-entry the Republic of Korea with a visa corresponding to the purpose of the plaintiff's sojourn except for visiting and accompanying stay (F-1) sojourn status, due to the extension of the period of sojourn to the plaintiff.

Nevertheless, the instant disposition taken on the premise that the Plaintiff does not meet the F-1 Status of Sojourn (F-1) is an illegal disposition that misleads the Plaintiff of facts constituting the basis thereof or deviates from or abused discretion by violating the principle of proportionality.

(b) as shown in the attached Form of the relevant statutes;

C. Article 10(1) of the Immigration Control Act provides that “A foreigner who intends to enter the Republic of Korea shall have such status of stay as prescribed by Presidential Decree.” Article 24(1) of the same Act provides that “A foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of stay different from his/her status of stay shall obtain prior permission to change the status

and the Gu.