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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On January 10, 2016, the Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed, and applied for a change of sojourn status to the Defendant on April 1, 2016 as a general training (D-4) sojourn status.
B. On June 9, 2016, the Defendant rendered a non-permission decision to extend the period of stay, etc. (hereinafter “instant disposition”), which rejected the Plaintiff’s application due to the Plaintiff’s “in
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On January 10, 2016, the Plaintiff asserted that he/she entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for permission to change sojourn status on April 1, 2016 after entering the Korean Language Institute for the purpose of studying the Korean language.
The disposition of this case is unlawful by deviating from and abusing discretionary power as it infringes the plaintiff's private interest without any public interest as well as arbitrary and unjust reasons.
B. Determination 1) Articles 10, 12(1), (3)2, and (4), 17, and 24(1) of the Immigration Control Act, Article 12 [Attachment Table 1] of the Enforcement Decree of the Immigration Control Act, Article 9(1)1(c) and [Attachment Table 1] of the Enforcement Decree of the Immigration Control Act, Article 9(1)1(c) of the Enforcement Rule of the Immigration Control Act can be exceptionally allowed to change the status of stay after entry, in principle, where a foreigner is granted the status of stay that meets the purpose of entry before entering the Republic of Korea, and to change the status of stay after entry. Furthermore, permission to change the status of stay is a permanent authority disposition that grants the applicant the right to engage in activities that differ from the original status of stay. Even if the applicant satisfies the requirements prescribed in the relevant statutes, the permitting authority may affect the applicant’s