1. The plaintiff's claim is dismissed.

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

1. The Plaintiff, a Korean national foreigner of Mongolia, entered the Republic of Korea first on October 7, 201 with his/her short-term visit (C-3) sojourn status from Mongolia.

On August 23, 2013, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 23, 2013, and stayed in the Republic of Korea upon obtaining permission to change the Plaintiff’s husband (M-3) sojourn status to be accompanied (F-3) to live together with the husband(D-2).

On January 27, 2016, the Plaintiff filed an application for change of status of stay seeking change of status of stay for Korean language training (D-4) with the Defendant who entered the Seodaemun University Korean Language Institute and received education in Korean language.

On November 17, 2016, the Defendant rendered a decision denying the Plaintiff’s application on the ground that “the purpose of training is unclear” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff applied for the change of status of sojourn in this case as it is necessary for the Plaintiff to learn the Plaintiff’s children, who are nurtured in Korea, to cultivate Korean language.

Although the purpose of the Plaintiff’s language training is clear, the instant disposition that rejected the Plaintiff’s application for change of status of stay is in violation of the principle of proportionality, and 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 (1) of the Immigration Control Act, etc.