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(영문) 서울행정법원 2018.06.26 2018구단695

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 September 14, 2016, the Plaintiff, a foreigner of Vietnam’s nationality, entered and stayed in the Republic of Korea on September 14, 2016 due to the stay status of the General Training (D-4) (the expiration date of the stay period: March 14, 2017) and filed an application for permission to extend the stay period with the Defendant on December 27, 2016.

B. On February 23, 2017, the Defendant rendered a decision not to permit the extension of the Plaintiff’s sojourn period on the ground of “insufficient financial capacity, etc.” (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on March 7, 2017, and the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on November 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of applying for extension of sojourn period, the plaintiff asserted that the plaintiff submitted to the defendant a certificate of balance of the deposit account in the name of the plaintiff with the amount equivalent to nine million won deposited at the time of applying for extension of sojourn period. However, since the consumption habits mainly using ordinary cash, the amount deposited from the day after the above application was withdrawn and used in necessary place and kept the remainder in cash. The defendant issued the disposition of this case by deeming that the amount deposited in the plaintiff's account was not financial capacity of the plaintiff solely on the ground that the amount deposited in the plaintiff's account was temporarily withdrawn. The disposition of this case was erroneous by mistake of facts or by

B. According to Articles 10(1), 24(1), and 25 of the Immigration Control Act, a foreigner who intends to enter the Republic of Korea shall have such status of sojourn as prescribed by Presidential Decree, and if a foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of sojourn different from his/her status of sojourn, the permission to change his/her status of sojourn shall be obtained in advance