1. The plaintiff's claim is dismissed.

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

1. The grounds for the decision not to permit the change of the status of stay ① The Plaintiff entered the Republic of Korea on June 12, 2018 with the Birraia’s nationality as a student of Mongolia’s general training (D-4) and extended the period of stay. On August 22, 2019, the Plaintiff filed an application with the Defendant for the change of the status of stay as a student abroad (D-2) on the ground that CUDD major and master degree courses are entered the Republic of Korea.

② On September 18, 2019, the Defendant rendered a decision not to permit the change of status of stay (hereinafter “instant disposition”) on the ground of “a failure to satisfy the requirements for change of qualification (a lack of financial capacity consistent with the change of qualification, submission of false financial capacity, etc.)” to the Plaintiff.

③ The Plaintiff filed an administrative appeal seeking revocation of the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on April 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion is a person eligible to obtain the status of stay for study abroad (D-2) since he/she is enrolled in a master's degree course of CK.

Although the defendant judged that the financial ability equivalent to the annual tuition and stay costs is insufficient to submit evidentiary documents, there is no legal basis regarding the submission of the above documents.

The plaintiff has a sufficient financial capacity because he/she can receive the support from his/her parents in his/her home country, and thus, he/she has insufficient financial capacity only by transferring the amount of KRW 20 million to the deceased village after the plaintiff submitted the financial transaction details to the defendant.

shall not be deemed to have submitted a document with a false financial capacity.

Therefore, the instant disposition, which was based on lack of financial capacity and submission of false financial capacity, is unlawful as it is in violation of the principle of proportionality.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

(a) pleadings are made in each entry of evidence Nos. 1 to 9 of the facts of recognition;