Court upholds refusal to approve a change of residence status sought for infertility treatment and similar reasons

Who this helps

This may be useful for foreign spouses of Korean nationals whose residence status change request, based on infertility treatment or similar reasons, was refused over missing documents.

Case overview

Case number

2023구단10872

Court

Daegu District Court

Date of judgment

Jan 24, 2024 (Wed)

Topic

Stay Status & Period of Stay

Original title (Korean)

난임치료등을 사유로 한 체류자격변경신청을 불허한 사례(대구지방법원 2023구단10872 판결)

A foreigner married to a Korean national applied to change residence status for infertility treatment and similar reasons. The agency took the view that such treatment could fall under humanitarian reasons, such as pregnancy, childbirth or child-rearing, set out in the Ministry of Justice guidelines, but that, at the least, a procedure for actual infertility treatment or a similar medical procedure had to be under way. On that basis it asked for related documents. It did not approve the application because the documents were insufficient, and a lawsuit was filed over this decision.

Can a status change request citing infertility treatment be refused for incomplete documents?

A foreign person married to a Korean national asked to change residence status because of infertility treatment and similar reasons. The authority said such treatment could count as a humanitarian reason under Ministry of Justice guidelines. But it said the treatment procedure had to be actually under way, and it asked for related materials. It refused the request because those materials were incomplete. The court found no abuse or excess of discretion in that refusal.

How the court ruled

The court held that the refusal, made on the ground that the submitted documents were insufficient, did not exceed or abuse discretion.

What to check in a similar situation

The immigration office handling the case can confirm which materials it asks for and how it treats humanitarian reasons such as pregnancy, childbirth or child-raising under Ministry of Justice guidelines. The court record shows how the refusal was reviewed.

• Extending your period of stay
• Changing your status of stay
• Find your immigration office
• Contacts: Immigration Contact Center 1345

Terms explained

Change of residence status

An application to switch from one residence status to another that allows a different kind of stay in Korea.

Discretion

The room an administrative authority has to decide within the law. A court can overturn a decision only if that room was exceeded or abused.

Humanitarian reason

A circumstance, such as pregnancy, childbirth or child-raising, that the Ministry of Justice guidelines treat as grounds for consideration.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

Who brought this lawsuit?

A foreign person married to a Korean national, whose request to change residence status for infertility treatment and similar reasons was refused, brought the lawsuit.

How did the court rule?

The Daegu District Court found no abuse or excess of discretion in refusing the request because the submitted materials were incomplete.

Does this result apply to every similar case?

No. It is the court's decision in this one case and does not automatically apply to other cases.