체류기간연장등불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On July 29, 2016, the Plaintiff entered the Republic of Korea with the status of general training (D-4) sojourn on July 29, 2016, and applied for extension of sojourn period to the Defendant (hereinafter “instant application”).
On July 18, 2017, the Defendant rendered a non-permission decision on the extension of sojourn period, etc. (hereinafter “instant disposition”) to the Plaintiff on the ground of “insufficient financial requirements, etc.”
【Ground of recognition” without any dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, and 2, and the purport of the whole pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case is supported with all living expenses and school expenses from the family in Vietnam.
Therefore, the instant disposition based on a different premise is unlawful as it was erroneous or abused by mistake of facts or deviation from discretionary power.
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 control administration aims to ensure the interest and safety of the nation by properly controlling and coordinating the entry and departure of foreigners in Korea and foreigners.