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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 16, 2015, the Plaintiff filed an application for changing the status of stay to a study abroad (D-2) on August 16, 2016, with the applicant who entered the Republic of Korea for the first visa on February 16, 2015.
B. On September 19, 2016, the Defendant rendered the instant disposition that rejected the said application on the basis of Article 24 of the Immigration Control Act and Articles 30 and 33 of the Enforcement Decree of the same Act, on the grounds of lack of financial capacity to the Plaintiff.
[Judgment of the court below] Facts that there was no dispute over the ground for recognition, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings
2. (i) Whether the instant disposition is legitimate, the Plaintiff paid his/her school expenses on July 14, 2016, which was before the date of the instant disposition, and completed the stud lease contract (on August 12, 2018, up to KRW 1 million, monthly rent, KRW 2.50,000) by August 13, 2016, and the Plaintiff’s father confirmed that he/she was holding the balance of KRW 8,567,510 on October 5, 2016, and that KRW 2,00 was deposited on October 4, 2016, and that there was a balance of USD 29,992, around October 14, 2016, the Plaintiff’s father is liable for the Plaintiff’s living expenses each year, and that the Plaintiff’s application for change of the status of stay in the car area should not be justified without the Plaintiff’s self-sufficiency.
In light of Articles 10 and 24(1) of the Immigration Control Act, Article 12 subparag. 1 of the Enforcement Decree of the Immigration Control Act, etc., permission to change the status of stay has the nature of a sort of permanent disposition that grants the applicant the right to engage in activities that are different from the original status of stay. Thus, even if an applicant satisfies the requirements prescribed by relevant statutes, the permitting authority has the discretion to decide whether to grant the permission, taking into account the applicant’s eligibility, purpose of stay, impact on public interest, etc.