1. The plaintiff's claim is dismissed.

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

1. The Plaintiff, registered in Mongolia, entered the Republic of Korea on a short-term visit (C-3) from Mongolia on February 28, 2016, and filed an application for change of status of stay for general training (D-4) with the Defendant on April 12, 2016 for the purpose of receiving education in the Korean language, and received the permission for change on April 21, 2016.

On March 2, 2017, the Plaintiff filed an application for the extension of the period of stay with the Defendant (hereinafter “instant application”) to continue training in Korean language.

On April 5, 2017, the Defendant rendered a decision not to allow the Plaintiff’s application on the grounds of “Submission, etc. of False Balance and False Documents (School Certificate)” (hereinafter “instant disposition”) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff filed the instant application in order to complete the six-month course additionally and enter regular university courses. The Plaintiff may live in a training life without economic difficulties due to the receipt of living expenses from his family in Mongolia.

Although the Plaintiff satisfies all the requirements for stay status of general training (D-4) for public study in Korean, the instant disposition denying the extension of the Plaintiff’s stay period is unlawful by abusing and abusing discretion.

(b) Comprehensively taking account of Articles 10(1), 24(1), and 25 of the Immigration Control Act, a foreigner may stay only within the scope of his/her original status and sojourn period recognized at the time of entry, and if the foreigner needs to continue his/her stay in the Republic of Korea, he/she shall undergo the procedure of re-entry after departure, and only in exceptional cases, he/she may stay in the Republic of Korea after obtaining permission to change the status of sojourn or permission to extend the period of sojourn after undergoing a strict examination.

Articles 10 and 24 of the Immigration Act.