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

A. The Plaintiff, as a foreign woman of Mongolian nationality, entered the Republic of Korea with a visa on March 23, 2016 on a short-term visit (C-3) and applied for the alteration of status to the Defendant on May 16, 2016 on the ground of the study in the course of study in the Literacy of Graduate School Universities and Colleges (D-4).

B. On June 7, 2016, the Defendant rendered a decision on the rejection of the change of status of sojourn on the ground that the Plaintiff is subject to the restriction on qualification change under Article 9(1)1(c) of the Enforcement Rule of the Immigration Control Act (hereinafter “Act”), the statement and difference at the time of entry, and the uncertainty of the purpose of study, etc. (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, Eul 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion failed to be notified that it is subject to restriction on qualification change under Article 9 (1) 1 (c) of the Enforcement Rule of the Act, and applied for permission for change of status after entering the Korean Language Institute of Graduate School in order to learn Korean language.

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

B. Comprehensively taking account of the following circumstances acknowledged by the respective descriptions of the evidence Nos. 1 through 8 (including each number), the instant disposition cannot be deemed an illegal disposition that deviates from or abused discretion.

1) Articles 10, 12(1), 12(3)2 and (4), 17, and 24(1) of the Act provide that any foreigner who intends to enter the Republic of Korea shall obtain such status of sojourn as prescribed by the Presidential Decree, and any foreigner who intends to conduct an entry inspection shall obtain such status of sojourn when the purpose of entry conforms to such status of sojourn; and any foreigner may obtain such status of sojourn within the scope of his/her status of sojourn and the period of sojourn after entry; and if he/she intends to change such status of sojourn, he/she shall obtain such status of sojourn permission in advance from the Minister of Justice; and Article 12 [Attachment

According to the above provisions, the above provisions are followed.