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 30, 2016 due to the Defendant’s general training (D-4) on the ground of the course of study of the language study at B University.

B. On June 13, 2016, the Defendant rendered a decision to deny 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”), a statement and difference at the time of entry, and an unclear 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 was not notified that it is subject to the restriction on qualification change under Article 9(1)1(c) of the Enforcement Rule of the Act. The Plaintiff applied for permission of change of status to enter the Korean Language Institute after entering Korea for the purpose of Korean travel, thereby causing the heat of acquiring 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 as a whole in the statements Nos. 1, 2, 5, and 8 of judgment Nos. 1, 2, 5, and 8, the instant disposition cannot be deemed an illegal disposition that deviates from or abused discretionary power.

1) Articles 10, 12(1), (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; after entry, he may sojourn within the scope of his status of sojourn and the period of sojourn; and when he intends to change such status of sojourn, he shall obtain such status of sojourn alteration permission from the Minister of Justice in advance; and Article 12 [Attachment 1] of the Enforcement Decree of the Act