체류기간연장 등 불허결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 27, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term basis, and on May 17, 2016, filed an application for permission to change the status of stay to the Defendant for a general training (D-4) status (hereinafter “instant application”).
B. On July 8, 2016, the Defendant rendered a disposition to deny the change of the status of stay on the ground that “the subject of restriction on the change of qualification under Article 9(1)1(c) of the Enforcement Rule, the uncertainty of the place of stay, the uncertainty of the purpose of study, etc.” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including virtual number), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Article 9(1) of the Enforcement Rule of the Immigration Control Act does not serve as a legal ground to deny the instant application. The Plaintiff did not receive a notice of non-permission for alteration of status after entering the Republic of Korea at the time of obtaining a visa for short-term visit, and the above notice does not take effect unless it is notified as a mandatory provision. The Plaintiff completed a certificate of place to stay at the time of the instant application, and the Plaintiff was trying to provide Korean language, and the Plaintiff issued the instant disposition on the ground that it is unclear that the purpose of study is unclear even after proving the admission to Korean language in the process of the instant application, and submitted evidentiary documents for necessary expenses at the time of his/her stay, the Plaintiff would discriminate against a person with
Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.
(b) Article 9 (Delegation of Authority to Issue Visas) of the Enforcement Rule of the Immigration Control Act (1) (excluding the authority to issue Visas under Article 7-2 (4) of the Decree) delegated by the Minister of Justice to the heads of diplomatic missions abroad pursuant to Article 11 (2) of the Decree are as follows:
1. Issuance of the following visas: