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 December 3, 2015, the Plaintiff, a foreigner of Mongolian nationality, was staying in the Republic of Korea as a short-term visit (C-3) and applied for change of his/her status of stay on the ground that he/she would complete the counseling and psychological master degree course at “B University” and was granted permission to change his/her status of stay (D-2) from the Defendant to study (D-2) on February 11, 2016.
B. On March 10, 2017, the Plaintiff filed an application with the Defendant for extension of the period of study abroad for one year on the ground that he/she would complete a master’s degree course at the “D University” located in Seocho-gu Seoul Metropolitan Government.
(hereinafter referred to as “application for extension of the period of sojourn”).
After investigating the actual status of the Plaintiff’s stay (hereinafter referred to as “actual status survey”), May 19, 2017, the Defendant decided not to grant the extension of the period of study stay to the Plaintiff on the ground of lack of financial capacity.
(hereinafter “instant disposition”) D.
On May 31, 2017, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the administrative appeal on December 22, 2017.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 through 6, 8, 9 (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 carries out studies at D University and holds funds necessary to stay in Korea.
The instant disposition is unlawful as it is erroneous in the fact-finding that is the basis of the exercise of discretionary power.
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.