체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 29, 2016, the Plaintiff, as a foreigner of Mongolian nationality, was staying in the Republic of Korea as a member of his/her spouse (F-3). On February 29, 2016, the Plaintiff filed an application for the change of status of stay with the Defendant in the qualification for fish language training (D-3), but on March 17, 2016, the Defendant rendered a non-permission decision on the extension of sojourn period, etc. (hereinafter “instant disposition”) to the effect that the Plaintiff rejected the application on the ground that “the purpose and necessity of the study training, the situation of domestic stay, etc. is inappropriate.”
[Ground of recognition] No dispute, Gap 1, the purport of the whole argument
2. Whether the instant disposition is lawful
A. On February 29, 2016, the Plaintiff’s spouse, who is the Plaintiff’s alleged Mongolian nationality, applied for naturalization to the Republic of Korea on February 29, 2016. On permission of naturalization, the Plaintiff also filed the instant application because it is highly necessary for the Plaintiff to share Korean language. The Plaintiff submitted all essential documents necessary for changing the status of stay and other documents requested by the Defendant, but the Defendant rejected the instant application.
As a result, there is a situation in which the family and family members should be distinguished from the case in Mongolia. Thus, the instant disposition constitutes an abuse of discretionary power by infringing the Plaintiff’s right to study the Korean language, the right to transfer residence, and the right to pursue happiness.
(b) The attached Form of relevant statutes is as follows.
C. Articles 10(1), 24(1), and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall obtain the status of stay prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of stay different from that of his/her status of stay, the permission to change the status of stay shall be obtained from the Minister of Justice in advance. If a foreigner intends to continue his/her stay in excess of the period of stay, the foreigner