체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff entered the Republic of Korea on February 29, 2016 as a foreigner of Vietnam nationality, with the status of general training (D-4) sojourn on February 29, 2016, and was granted permission from the Defendant on July 8, 2016.
On February 8, 2017, the Plaintiff filed an application for the extension of the period of stay with the Defendant (hereinafter “instant application”). However, on February 24, 2017, the Defendant rendered a decision not to grant the extension of the period of stay (hereinafter “instant disposition”) on the ground of “insufficient financial capacity, etc.” (hereinafter “instant disposition”).
[Ground of recognition] without any dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, and 3, and the purport of the entire argument as to the validity of the disposition of this case, the plaintiff asserted that the disposition of this case is legitimate, and the plaintiff extended money to the defendant after submitting a copy of the passbook to the defendant. Thus, the balance of the passbook was insufficient, and there was sufficient money during the course of study in Korea
Therefore, the Defendant’s disposition of this case, based on the premise that the Plaintiff’s financial capacity 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; and that a foreigner shall obtain the permission to extend his/her status of sojourn before the period of sojourn expires, as prescribed by Presidential Decree, if the foreigner intends to continue his/her stay in excess of the period of sojourn. Thus, the foreigner may stay only within the scope of his/her status of sojourn recognized at the time of initial entry and the period of sojourn; if the foreigner needs to continue his/her stay in the Republic