1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Details of the disposition

The Plaintiffs entered the Republic of Korea with the short-term visit (C-3) sojourn status on July 5, 2015, and the Plaintiff A (hereinafter “Plaintiff A”) changed the status of stay to the qualification for general training (D-4) on August 17, 2015, and the Plaintiff B (hereinafter “Plaintiff B”) changed the status of stay to the qualification for accompanying (F-3) status on September 2, 2015.

Plaintiff

On February 6, 2017, A filed an application with the Defendant to change the status of stay in the capacity of study (D-2) (hereinafter “instant application”). However, on February 23, 2017, the Defendant rendered a decision not to permit the change of status of stay on the ground of “insufficient financial capacity, etc.” with the Plaintiff on February 23, 2017.

Plaintiff

B On February 6, 2017, the Defendant applied for permission to extend the period of stay to the Defendant, but on February 24, 2017, the Defendant rendered a ruling not to grant permission to extend the period of stay (hereinafter “instant disposition”) to the Plaintiff B on the ground of “permission, etc. to change the status of stay of a principal qualification” (hereinafter “decision not to grant permission to the Plaintiffs”).

[Ground of recognition] A without any dispute, Gap evidence Nos. 11, Eul evidence Nos. 11, and Eul Nos. 1 and 2 (including serial numbers), and the purport of the entire argument as to the legitimacy of the disposition of this case as to whether the disposition of this case was legitimate, Eul held approximately KRW 28 million in the bank account at the time of the application of this case, and held approximately KRW 20 million on February 17, 2017.

Therefore, the instant disposition, which was deemed insufficient for the financial capacity of the Plaintiff A, was unlawful as it was erroneous or abused by mistake of facts or deviation from discretionary power.

Judgment

1. Articles 10 (1), 24 (1) and 25 of the Immigration Control Act shall require a foreigner to enter the Republic of Korea to obtain such status of sojourn as prescribed by Presidential Decree, and where a foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of sojourn different from such status of sojourn, the foreigner shall obtain prior permission to change his/her status of sojourn from the Minister of Justice