체류기간 연장 등 불허가 처분 취소
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 October 11, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on the ground that he/she wishes to receive training in Korean language, and filed an application for change of status of stay as a general training (D-4). On January 7, 2016, the Plaintiff obtained permission for change of status of stay on the ground that he/she would have received training in Korean language, and obtained permission for extension of the period of general training on the following three occasions:
(hereinafter) According to the sequence 1, May 30, 2016, the date of expiration of the period for which the date of permission is extended on May 30, 2016 (hereinafter referred to as "the third extension") pursuant to the sequence 24, September 24, 2016. < Amended by Presidential Decree No. 27417, Nov. 31, 2016; Presidential Decree No. 27470, Nov. 17, 2016; Presidential Decree No. 27575, Feb. 2017, 2016; Presidential Decree No. 27570, Sep. 2, 2016>
On February 22, 2017, the Plaintiff again filed an application for extension of the period of general training with the Defendant (hereinafter “the fourth extension application”), but the Defendant decided not to grant the extension of the period of sojourn on March 20, 2017 on the ground that the Plaintiff’s financial capacity is insufficient.
(hereinafter referred to as the "disposition of this case")
On March 30, 2017, the Plaintiff appealed to the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the request for administrative appeal on October 27, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has been provided with a Korean language training at B University and sufficient funds necessary to stay in the Republic of Korea.
The instant disposition is unlawful as it is erroneous in the fact-finding that served as the basis for the exercise of discretionary power.
(b) Entry in the attached Form of relevant statutes;
B. Determination 1 As to the extension of the period of stay under the Immigration Control Act, the extension of the period of stay under the relevant law constitutes an authoritative disposition that grants the applicant the right to stay in the Republic of Korea beyond the original period of stay for which permission was granted, and constitutes an immigration control of foreigners.