체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 11, 2016, the Plaintiff entered the Republic of Korea with a visa for ordinary tourism (C-3-9, 90 days), one of the short-term visits (C-3) visa (C-9, 90 days), and filed an application for permission of change of status to the Republic of Korea with the Defendant on February 29, 2016, one of the qualifications for general training (D-4).
On June 10, 2016, the Defendant rendered a decision not to permit the change of status of stay 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 referred to as the “Act”), financial standing uncertainty, and uncertainty of academic purpose.
(hereinafter “Disposition in this case”). 【No dispute exists, Eul evidence Nos. 1-4 (including additional number), the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that it is subject to restriction on qualification change cannot be a ground for disposition, and the Plaintiff proved admission to the Korean Language Institute of B University, and submitted evidentiary documents as to the expenses incurred during his/her stay.
The instant disposition is an illegal disposition that excessively infringes the Plaintiff’s private interest without any public interest, and is an abuse of discretion.
B. Articles 10, 12(1), 12(3)2, 12(4), 17, and 24(1) of the Act provide that any foreigner who intends to enter the Republic of Korea shall have such status of sojourn as prescribed by the Presidential Decree, and any foreigner who intends to enter the Republic of Korea shall be permitted to enter the Republic of Korea when the purpose of entry meets the status of sojourn after conducting an entry inspection, and after entry, he/she may sojourn within the scope of his/her status of sojourn and the period of sojourn,
Article 12 [Attached Table 1] of the Enforcement Decree of the Act shall prescribe the status of stay of foreigners and the scope of their activities.
According to the above provisions, a foreigner shall be granted the status of stay that meets the purpose of entry before entry and stay within the scope of his/her status of stay.