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(영문) 서울행정법원 2016.10.21 2016구단9209

체류기간연장등불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 13, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a foreigner of Mongolian nationality, and on February 25, 2016, applied for permission of change of status of sojourn to the Defendant for a general training (D-4) sojourn status (hereinafter “instant application”).

B. On April 6, 2016, the Defendant rendered a disposition denying the alteration of the status of stay (hereinafter “instant disposition”) against the Plaintiff on the ground that “the lack of inevitable reason for the alteration of the status of stay and good behavior” (hereinafter “the instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case is unlawful by abusing and abusing discretion as seen below.

1) If the Plaintiff is deprived of an opportunity to learn Korean language on the ground that it is possible to communicate in Korean language, the instant disposition would be discriminated against other foreigners who applied for change of status of stay to the Defendant on the same ground as the Plaintiff. Thus, the instant disposition goes against the principle of equality. (2) The Plaintiff: (a) the Republic of Korea and Mongolia appears to have experienced the necessity of specialized education in Korean language; and (b) admitted to the Korean Korean Language Institute at Ansan University; and (c) there was no thought to compensate for money for the instant application for employment; and (d) the Plaintiff was deprived of an opportunity to illegally stay from the workplace due to the Plaintiff’s improper treatment of the employer and malicious change of workplace.

B. Determination 1) In light of Articles 10(1) and 24 of the Immigration Control Act, Articles 12 and 30 [Attachment 1 sojourn status No. 13] of the Enforcement Decree of the Immigration Control Act, and Articles 12 and 30 [Attachment 1 sojourn status No. 13] of the Enforcement Decree of the Immigration Control Act, the scope of activities or the upper limit of the period of sojourn available for a foreigner in the Republic of Korea