체류기간연장 등 불허결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as a short-term visit (C-3) on November 7, 2015.
B. On January 14, 2016, the spouse B who first entered as a short-term visit (C-3) obtained permission to change his/her status of stay in the capacity of study (D-2), the Plaintiff filed an application for permission to change his/her status of stay in the capacity of accompanying (F-3) with the Defendant on February 3, 2016.
C. On October 25, 2016, the Defendant rejected the said application against the Plaintiff on the ground that “it is impossible to prove physical expenses.”
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, entry of Gap’s 1 through 4, the purport of whole pleadings, and the purport of whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff entered the Republic of Korea as a short-term visit (C-3) for a procedure for surgery for in-house correction without a child between his spouse and his spouse, but the above procedure was lost and the procedure plan was changed, and applied for the change of status of stay as a accompanying (F-3) qualification. Since the plaintiff's claim also has sufficient expenses of stay to stay in the Republic of Korea, the disposition of this case which rejected the plaintiff's request is an error of law that deviates from
B. Determination 1) Article 10 of the Immigration Control Act provides that a foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree (Paragraph 1), and that the upper limit of the period of stay for each status of stay permissible at one time shall be prescribed by Ordinance of the Ministry of Justice (Paragraph 2). Article 24(1) of the same Act provides 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 shall obtain prior permission to change his/her status of stay from the Minister of Justice. In addition, Article 12 [Attachment 1] of the Enforcement Decree of the Immigration Control Act provides that a short-term visit of the status of stay of a foreigner (C-3), among his/her status of stay