Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are married with a foreigner of Mongolian nationality.
B. On March 28, 2016, the Plaintiffs entered the Republic of Korea with a short-term visit (C-3) sojourn status (on June 26, 2016, the expiration date of the stay period) and applied for the alteration of status of sojourn to the Defendant on April 12, 2016, and the Plaintiff B applied for the alteration of status of sojourn to the Plaintiff’s general training (D-4), and to the Plaintiff’s spouse as the Plaintiff’s spouse.
C. On May 16, 2016, the Defendant rendered a disposition rejecting the aforementioned application against the Plaintiffs on the ground of “A lack of financial evidence documents, etc.”
(hereinafter referred to as the "disposition in this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2 (including additional numbers), and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. Although the plaintiffs' assertion A had sufficiently explained financial capabilities, such as sojourn costs, the defendant rejected the plaintiffs' motion on the grounds that the plaintiff A withdrawn money from the bank account. The defendant's disposition of this case against the plaintiffs is illegal as it is an abuse of discretionary power.
B. Determination 1) Considering that the form and text of the provisions such as the Immigration Control Act, Articles 10(1) and 24 of the Enforcement Decree of the Immigration Control Act, Articles 12 and 30 [Attachment 1.3 and 28] of the Enforcement Decree of the Immigration Control Act, and Articles 12 and 30 [Attachment 1.3] of the Enforcement Decree of the Immigration Control Act, the upper limit of the scope of activities or the period of sojourn that a foreigner can implement in the Republic of Korea depending on the status of sojourn, etc., permission to change the status of sojourn has discretion to determine whether to grant permission in consideration of the applicant’s eligibility, purpose of sojourn, impact on public interest, etc. to the permission-granting authority, which grants the applicant the right to engage in activities that are different from the original status of sojourn,