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 March 6, 2016, the Plaintiff entered the Republic of Korea as a foreigner with Vietnam’s nationality, and applied for extension of the period of stay to the Defendant on September 6, 2016.
B. On October 25, 2016, the Defendant rendered a disposition not to permit the extension of the Plaintiff’s period of stay (hereinafter “instant disposition”) against the Plaintiff on the ground of “insufficient financial requirements, etc.” (hereinafter “instant disposition”).
[Reasons for Recognition] No dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff promised not only to have sufficient ability to conduct the general training in the Republic of Korea but also to support the Plaintiff’s private village or the Plaintiff who is staying in the Republic of Korea by marriage with Korean nationals. The Plaintiff has the intent to faithfully study in the Republic of Korea. The Defendant requires proof of an excessively strict financial capacity without any particular reason when the students of countries, other than developed countries, do not study in the so-called so-called scenic world, and this can be deemed to violate the principle of equality required under the Constitution. In light of the above, the instant disposition is deemed unlawful as a disposition that the Defendant abused and abused discretion on immigration administration.
B. Articles 10(1), 24(1) and 25 of the Immigration Control Act provide that a foreigner who intends to enter the Republic of Korea shall have the status of sojourn prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of sojourn different from that of his/her status of sojourn shall obtain prior permission to change the status of sojourn from the Minister of Justice, and that a foreigner intends to continue to stay in excess of