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

A. On April 27, 2018, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, who received a training in Korean language at B University on April 27, 2018 and entered the Republic of Korea as a stay status

B. On August 24, 2018, the Plaintiff applied for permission to change his/her status of stay to study abroad (D-2) on the ground that he/she intends to enter C University graduate schools. However, the Defendant rejected the Plaintiff’s application on September 5, 2018 on the ground that he/she failed to prove financial capacity.

(hereinafter “instant disposition”). C.

On September 13, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, but the Central Administrative Appeals Commission dismissed the part seeking revocation of the instant disposition among the administrative appeals filed by the Plaintiff on March 5, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 4, Eul evidence 1 through 6, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff applied for the change of status of stay along with all documents prescribed by the Enforcement Rule of the Immigration Control Act.

Nevertheless, the Defendant demanded submission of evidentiary documents concerning finance, which is not stipulated in the relevant laws and regulations, and the instant disposition was in question, and thus, the instant disposition was unlawful as it deviates from and abused discretion.

3. The indication of the relevant regulations shall be as shown in the attached Form;

4. Determination

A. Since permission to change sojourn status under the Immigration Control Act has the nature of a permanent disposition that grants the applicant the right to engage in activities that are different from the original status of sojourn, the permitting authority has the discretion to decide whether to grant permission in consideration of the applicant’s eligibility, purpose of sojourn, impact on public interest, etc. even if the applicant satisfies the requirements prescribed by the relevant statutes.

(See Supreme Court Decision 2015Du48846 Decided July 14, 2016). B.

Status of stay based on the request for data concerning financial capacity and the basis thereof.