체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On March 24, 2014, the Plaintiff first entered the Republic of Korea with a short-term visit visa (C-3) on a short-term visit visa (C-3) and repeated entry into or departure from the Republic of Korea, and again entered the Republic of Korea with a short-term visit visa on February 17, 2016.
On May 12, 2016, the Plaintiff applied for permission for change of status of sojourn to the Defendant for general training status (D-4).
On April 25, 2016, the Defendant rendered a disposition not to grant the Plaintiff’s application (hereinafter “instant disposition”) on the ground that “the Plaintiff is subject to the restriction on qualification change and the previous short-term stay for a long period of time, etc.” (hereinafter “instant disposition”).
【Ground of recognition” without any dispute, entry of Gap evidence 1 and 2, and the purport of the entire pleading as to whether the disposition of this case is legitimate, the plaintiff asserted that the plaintiff left the Republic of Korea normally for a period of 90 days prescribed by the short-term visit visa until now, and there are no other grounds for disqualification that may not be allowed to change
Nevertheless, the defendant's subjective judgment rejected the change of the plaintiff's status of stay. Thus, the disposition of this case is illegal as it abused the defendant's discretionary power.
Judgment
According to the relevant provisions of the Immigration Control Act, a foreigner is granted status of stay that meets the purpose of entry before entry and stay within the scope of his/her status of stay. The change of status of stay after entry can be exceptionally permitted through strict review.
In addition, the permission for alteration of status of sojourn grants the applicant the right to engage in activities that are different from the original status of sojourn, and the permission-granting authority is granted the discretion to decide whether to grant the permission in consideration of the applicant's eligibility, the purpose of sojourn, the impact of public interest, etc.
In particular, in order to stay in the status of stay for study or general training, entry into the Republic of Korea with a visa for study or general training in its country unless there are special circumstances.