1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 16, 2011, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on March 16, 2011, and changed the status of stay into the qualification for study (D-2) on September 10, 2012.

After that, on February 27, 2015, the Plaintiff changed the status of stay to the qualification for job seeking (D-10) and on February 16, 2017, filed an application for change of status of stay to the Defendant as a student studying (D-2) (hereinafter “instant application”). However, on March 24, 2017, the Defendant rendered a decision not to allow the Plaintiff to extend the period of stay (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings and the disposition of this case is legitimate, the plaintiff asserted that the disposition of this case is legitimate. The plaintiff has received school expenses and living expenses from the outside third villages of the spouse who engages in the automobile sales business in Mongolia.

Therefore, the instant disposition taken on a different premise is unlawful as it misleads the factual basis or deviatess from discretionary power.

Judgment

1. 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 obtain the status of sojourn prescribed by Presidential Decree; a foreigner who intends to stay in the Republic of Korea shall obtain the permission for change of the status of sojourn from the Minister of Justice in advance; if the foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission for change of the status of sojourn from the Minister of Justice; and if the foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission for extension of the period of sojourn from the Minister of Justice before the period of sojourn expires, so the foreigner