1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as a short-term visit (C-3-9) on August 28, 2015, and registered in class 1 Korean language education course at the International Language Center at B University, and obtained permission for change in the qualification of Korean language training (D-4-1) on November 9, 2015.

On April 29, 2016 and October 26, 2016, the Plaintiff changed the school to the Korean Language Institute of C University, and obtained permission to extend the period of stay for the said status of stay on two occasions (the expiration date of the final period of stay: May 5, 2017). On May 8, 2017, the Plaintiff again filed an application with the Defendant for permission to extend the period of stay for the said status of stay (hereinafter “instant application”).

On May 15, 2017, the Defendant rendered a decision not to permit the extension of the Plaintiff’s sojourn period (hereinafter “instant disposition”) to the Plaintiff’s “reasons such as lack of attendance, failure of study, etc.”

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings, the purport of the disposition of this case as to legitimacy of the disposition of this case is unlawful to allow the plaintiff's extension of the plaintiff's sojourn period on the grounds that the plaintiff's health was not good due to pregnancy, miscarriage, women's disease, etc., and that the plaintiff's attendance rate was low or good due to bottles on whether the plaintiff was to undergo operation at the time of returning to Mongolia due to divorce, and that the plaintiff did not permit the extension of the plaintiff's sojourn period from the end of March 2016, even though the attendance rate was higher than 60% if the attendance rate was excluding three semesters in March 2016.

Article 10 (Status of Sojourn) (1) of the former Immigration Control Act (amended by Act No. 15492, Mar. 20, 2018) (1) Any foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree.

If a foreigner intends to continue to stay in excess of the period of sojourn, he/she shall obtain permission for extension of the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree.