1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On May 4, 2016, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) from May 4, 2016 as a male (BB) of the Russian nationality, and changed the status of stay on July 13, 2016 to the status of stay on the Korean language training (D-4-1) and received the Korean language training from Anyang University. The Plaintiff did not complete the training course properly, and the Ansan University reported the Defendant’s unknown whereabouts.

B. On January 24, 2017, the Plaintiff established a limited company C (the wholesale and retail export and import of automobile parts) and thereafter registered the said company as a foreign-capital invested company under Article 21(1) of the Foreign Investment Promotion Act. On February 8, 2017, the Plaintiff filed an application for change of status of stay (hereinafter “instant application”) with the Defendant in the capacity of corporate investment (D-8).

C. On August 28, 2017, the Defendant issued to the Plaintiff a notice of non-permission on the extension of sojourn period, etc. (hereinafter “instant notice”) with the grounds for non-permission to satisfy the requirements for change of sojourn status.

The main text of the instant notice is as follows.

Since it has been decided not to permit the extension of the period of stay, etc. for which you have applied for under Article 33 of the Enforcement Decree of the Immigration Control Act, he shall notify his departure by the designated departure deadline.

YC 33th public notice of Articles 1, 1, 2, 9, 1, 1, 2, 1, 2, 1, 2, 1, 2, 3, 33, 5, 33, 5, 5, 1, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 3, 33, 33, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5

2. We examine ex officio the lawfulness of the instant lawsuit.

Article 33 of the Enforcement Decree of the Immigration Control Act (hereinafter referred to as the "Enforcement Decree") provides that "the Minister of Justice shall grant permission, etc. under Articles 29 through 31 under the title of "the departure notice when the extension, etc. of the period of stay is not permitted".