체류기간연장등불허가처분취소
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 June 28, 2015, the Plaintiff entered the Republic of Korea as a foreigner of Mongolian nationality (hereinafter “M-3-9”), as a general tourism (C-3-9) foreigner.
B. On August 19, 2015, the Plaintiff changed the status of stay to a general training (D-4-1) on August 19, 2015, and received an extension of the period of general training as follows.
The term "period of general training" expires on December 18, 2015, the date of application for the extension of the period of general training shall be March 28, 2016, March 28, 2016; < Amended by Presidential Decree No. 27101, Sep. 28, 2016>
On March 2017, the Plaintiff applied again to the Defendant for extension of the period of general training.
(hereinafter “instant application for extension”). D.
However, on March 27, 2017, the Defendant denied the extension of the period of stay against the Plaintiff on the ground that “the submission of false documents and financial capacity” was insufficient.
(hereinafter “instant disposition”) e.
On March 31, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the administrative appeal on October 27, 2017.
[Ground of recognition] The fact that there has been no dispute, Gap's evidence of subparagraphs 1 through 4, Eul's evidence of subparagraphs 1 through 19 (including branch numbers; hereinafter the same shall apply), and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not submit false documents to the Defendant, received a general training and sufficient funds necessary to stay in the Republic of Korea. Thus, the instant disposition has a serious error in fact-finding, which served as the basis for determining the exercise of discretionary power, and even if not, the Defendant granted the Plaintiff the status of stay for general training and extended the period of stay three consecutive times, and the Plaintiff’s course of the Plaintiff’s Korean language training has not yet been completed.