1. Revocation of the first instance judgment.

2. Each of the plaintiffs' claims is dismissed.

3. The plaintiffs' total costs of litigation.

1. Details of the disposition;

A. The Plaintiffs were foreigners of Mongolian nationality, and entered the Republic of Korea on a short-term visit (C-3) on January 1, 2016.

B. On February 25, 2016, Plaintiff A filed an application with the Defendant for change of status of stay as a general training (D-4) on the ground that he/she completed the Korean language training course at D University International Language Institute. Plaintiff B and C filed an application for change of status of stay (hereinafter collectively referred to as “instant application”) with the Defendant on the same day as Plaintiff A’s spouse or child, who was accompanied by the Defendant (F-3). However, on May 4, 2016, the Defendant issued a disposition denying the instant application against the Plaintiffs on the ground that “the lack of financial input documents, etc.” (hereinafter referred to as “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs asserted that the financial ability was sufficient at the time of the application of this case, and the documents proving the financial capacity were also submitted to the defendant.

Therefore, the Defendant’s disposition based on a different premise is unlawful as being erroneous or abused the discretionary power.

B. Determination 1) The Immigration Control Act provides that “A foreigner who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree” (Article 10(1)), and that “A foreigner who stays in the Republic of Korea shall obtain prior permission to change his/her status of stay from the Minister of Justice in order to engage in an activity that falls under the status of stay different from that of his/her status of stay (Article 24(1)). In addition, the former Enforcement Decree of the Immigration Control Act (amended by Presidential Decree No. 27303, Jul. 5, 2016) provides that a short-term visit (C-3) out of the status of stay of a foreigner is a short-term visit (i.e., commercial activity such as market investigation, business