1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 9, 2012, the Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea as a general training (D-4) sojourn status, and obtained permission from the Defendant on April 8, 2014 to the status of study (D-2) sojourn status.

B. On October 6, 2016, prior to the expiration of the period of stay, the Plaintiff filed an application with the Defendant for permission to change the status of stay to a general training (D-4) again from abroad (D-2).

C. However, on December 9, 2016, the Defendant rendered a decision not to permit the Plaintiff’s application on the ground that “the person who received a Korean language training, etc. in the Republic of Korea” did not grant permission for the Plaintiff’s application on the ground that “the requisite expenses, etc. were not met” (hereinafter

[Ground of recognition] No dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is a person who has no problem in the status of stay to the extent that he/she is permitted to stay abroad (D-2) from the Defendant.

However, the plaintiff is only applying for permission to change the status of stay to the defendant for efficient and efficient study of Korean language as he/she is still lacking in his/her Korean language ability.

Ultimately, the plaintiff already obtained a higher level of status of stay and applied for a change of status to a lower level of status of stay at his/her own option. The defendant, without any special reason, was the defendant's denial of the previous status of stay by rendering the instant disposition.

Therefore, the instant disposition should be deemed unlawful as the Defendant’s disposition that deviates from or abused discretion on immigration administration.

B. According to Articles 10(1), 24(1), and 25 of the Immigration Control Act, a person who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree, and a foreigner who stays in the Republic of Korea intends to engage in an activity that differs from the said status of stay in advance.