1. On May 23, 2017, the Defendant’s disposition of denying the change of status of stay granted to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On February 7, 2017, the Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status, obtained permission for entry into Mongolian School, and applied for permission to change the status of stay to a general training (D-4) sojourn status to the Defendant.

B. However, on May 23, 2017, the Defendant rendered a disposition not to permit the change of the Plaintiff’s status of stay to the Plaintiff on the ground that “the inevitable reason for study abroad, such as the expiration of the period of stay for mother-child who is a non-professional employee, is insufficient” (hereinafter “instant disposition”).

[Reasons for Recognition] There is no dispute, Gap evidence No. 2 and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff intended to study in the Republic of Korea.

The mother of the plaintiff's mother has entered Korea with the status of non-professional employment (E-9) sojourn and has faithfully performed his duty.

However, without any basis, the defendant suspected that the plaintiff's mother's mother's application for change of the status of stay was a way to stay for a long time in the Republic of Korea through the plaintiff.

The plaintiff's mother left the country upon the expiration of the period of stay after the filing of the lawsuit in this case.

Ultimately, the instant disposition ought to be deemed unlawful because the Defendant abused or abused discretion on immigration administration.

B. Determination 1 Change of Status is an authoritative disposition that grants the applicant the authority to engage in activities that are different from the original status of stay, and the permitting authority has the discretion to decide whether to grant the applicant permission in consideration of the applicant’s eligibility, purpose of stay, impact on the public interest, etc.

However, if the permitting authority misleads the fact that serves as the basis for whether to permit the change of status of stay or makes a decision contrary to the principle of proportionality and equality, the disposition taken by the permitting authority shall be regarding immigration administration