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(영문) 서울행정법원 2016.10.21 2016구단15655

체류기간연장등불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a foreign woman of Mongolian nationality, entered the Republic of Korea with a visa on February 13, 2016 on a short-term visit (C-3) and applied for the alteration of status to the Defendant for a general training (D-4) on May 4, 2016 on the ground of the course of study of the language study of the new graduate school 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 (including virtual number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion failed to be notified that it is subject to restriction on qualification change under Article 9 (1) 1 (c) of the Enforcement Rule of the Act, and applied for permission for change of status by entering the Korean Language Institute of the New Graduate School in order to learn Korean language.

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

B. In full view of the following circumstances, the determination of the instant disposition is an illegal disposition that abused or abused discretion, taking into account each of the statements Nos. 1, 2-1, 4-1 of the evidence Nos. 1, 2-1, and 4-1 of the evidence Nos. 1,

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; and any foreigner may obtain such status of sojourn within the scope of his/her status of sojourn and his/her period of sojourn after entry; and when he/she intends to change such status of sojourn, he/she shall obtain such status of sojourn permission in advance from the Minister of Justice; and Article 12 [Attachment 1] of