체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On February 9, 2015, the Plaintiff entered the Republic of Korea with the short-term visit (C-3) sojourn status on February 9, 2015, and changed the status of stay to the qualification for general training (D-4) on June 15, 2015.
On December 5, 2016, the Plaintiff applied for the extension of the period of stay to the Defendant. However, on December 27, 2016, the Defendant rendered a decision not to grant the extension of the period of stay (hereinafter “instant disposition”).
【Ground of recognition” without any dispute, Gap's evidence Nos. 1, 2, 4, 6, Eul's evidence Nos. 1, 2, and 5, and the purport of the entire pleading as to whether the disposition of this case is legitimate or not, the plaintiff alleged that the plaintiff has sufficiently explained the expenses incurred during the course of study and training in the Republic of Korea.
Therefore, the defendant's disposition of this case, based on the premise that the financial capacity of the plaintiff is insufficient, is unlawful as it misleads the facts or abused discretion.
Judgment
1. 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 obtain the status of sojourn prescribed by Presidential Decree; a foreigner who intends to stay in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance; if the foreigner intends to continue his/her sojourn in excess of the status of sojourn, the foreigner shall obtain the permission to change his/her status of sojourn from the Minister of Justice; and if the foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree. Thus, the foreigner may stay only within the scope of his/her status
In addition, immigration administration is within the country and foreigners.