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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 as a general tourism (C-3-9) on December 5, 2012.
B. Since then, the Plaintiff entered the Korea-U.S. International Language Institute and stayed on February 4, 2016 after changing the status of stay to the qualification for Korean language training (D-4-1), and applied for permission to enter a master’s degree course of art therapy at the Korea-U.S. University on February 22, 2017 for the change of the status of stay to the Defendant as a student studying (D-2).
C. On April 7, 2017, the Defendant rendered a decision not to permit the change of status of stay on the ground that the Plaintiff failed to meet the financial requirements, such as submission of false financial capacity documents, and failed to grant permission for the change of status of stay on the ground of “a failure to meet the requirements for change of status of study”.
(hereinafter “Disposition in this case”). 【No dispute exists on the ground of recognition, each entry in Gap 1, 2, and 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was erroneous in misapprehending the fact that the Plaintiff’s entry into the Republic of Korea after having completed one year’s language training at the International Language Research Institute of Korea, and passed a master’s degree course of art therapy at the Yongsan University, and currently has a sufficient living cost while living in the notification center of the location of Guro-gu Seoul Metropolitan Government, and is fully equipped with the academic ability and financial capacity necessary for acquiring qualifications for study (D-2). However, the Defendant’s disposition of this case against the Plaintiff on the ground that “requirements for changing the qualifications for study” was insufficient or abused the discretionary authority.
(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 have the status of stay prescribed by Presidential Decree, and if a foreigner who stays in the Republic of Korea intends to engage in an activity that falls under the status of stay different from that of his/her status of stay, he/she shall obtain prior permission