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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, a foreigner of Mongolian nationality, entered the Republic of Korea on January 15, 2016 on a short-term visit (C-3) sojourn status (C-3 on April 14, 2016) (the expiration date of stay period).
B. On March 28, 2016, the Plaintiff filed an application with the Defendant for permission to change the status of stay for general training (D-4) (hereinafter “instant application”).
C. On April 29, 2016, the Defendant rendered a disposition against the Plaintiff rejecting the said application on the grounds of “insufficient documents, etc. for financial input” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 to 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. After entering the Republic of Korea, the Plaintiff asserted that he/she entered the Korean Language Institute for the purpose of studying in Korean language, and subsequently sufficiently explained the financial capacity, such as sojourn expenses, upon filing the instant application.
However, the defendant rejected the plaintiff's application on the ground that the plaintiff withdraws money from the bank account. The defendant's disposition of this case is illegal as it deviates from and abused discretion.
B. 1) According to the Immigration Control Act, the permission to change the status of stay is a kind of permanent disposition that grants the applicant the right to engage in an activity that differs from the original status of stay. Thus, the permission-granting authority shall have a broad discretion to decide whether to grant the permission by taking into account the applicant’s eligibility, purpose of stay, influence on the public interest, income requirements, etc. 2) In full view of the following circumstances revealed by the evidence revealed earlier, there is no error of abuse of the Defendant’s discretionary power in the instant disposition that rejected the Plaintiff’s application to change the status of stay.
① On January 15, 2016, the Plaintiff entered the Republic of Korea on a relatively short-term visit (C-3) sojourn status without entering the Republic of Korea as a general training (D-4) sojourn status.