1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 5, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 5, 2015, and changed the status of stay to the qualification for general training (D-4) on October 7, 2015.

On February 28, 2017, the Plaintiff obtained a master’s degree course from the Korea Forest International Graduate School University, and applied for a change of status of stay as a student studying (D-2) (hereinafter “instant application”). However, on April 25, 2017, the Defendant rendered a decision not to allow the Plaintiff to extend the period of stay (hereinafter “instant disposition”) on the ground that “the submission of false balance, financial shortage, etc.” was “any other reason.”

【The Plaintiff’s parents asserting the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not, without any dispute, Gap’s 1, 2, and Eul’s 1, 2, and 3, and the purport of the entire pleading, shall provide the Plaintiff with money necessary for the status of stay in the Republic of Korea.

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 intends to engage in any activity that differs from his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance; and that a foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree. Thus, a foreigner may stay only within the scope of his/her status of sojourn recognized at the time of initial entry and the period of sojourn, if necessary to continue his/her stay in the Republic of Korea