체류기간연장등불허가처분취소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. He shall notify the departure by the designated departure deadline as the circumstances of the disposition have been determined not to permit the extension of the sojourn period as he applied for under Article 33 of the Enforcement Decree of the Immigration Control Act; and
Y200 33 times the public notice of Articles 33 through 50 Yuudo 13(a)(a) of the Act on 1999 Yuudo 13(b). The de Parture deline 13(b) of the Republic of Korea Yuudo 13(a) is de partulineed by Korea.
On March 16, 2011, the Plaintiff, as a foreigner of Mongolian nationality, changed the status of stay to the qualification of study (D-2) on September 10, 201, after entering the Republic of Korea with the status of stay for general training (D-4).
B. After that, on February 27, 2015, the Plaintiff changed the status of stay to the qualification for job seeking (D-10) and on February 16, 2017, filed an application for change of status of stay (hereinafter “instant application”). On March 24, 2017, the Defendant issued a non-permission notice on the extension of sojourn period, etc. (hereinafter “instant notification”) to the Plaintiff on March 24, 2017 due to the lack of financial capacity, etc. < Amended by Act No. 14488, Mar. 24, 2017>
The main text of the instant notice is as follows.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleadings
2. We examine the lawfulness of the instant lawsuit ex officio.
Article 33 of the Enforcement Decree of the Immigration Control Act (hereinafter referred to as the "Enforcement Decree") provides that "the Minister of Justice does not grant permission, etc. under Articles 29 through 31 when he/she does not grant the extension of the period of stay, etc., he/she shall issue a written notice of non-permission, such as extension of the period of stay, to the applicant." Article 83 (1) of the Enforcement Rule of the Immigration Control Act provides that various forms of immigration relations shall be attached to the attached Table. Article 40 of the Enforcement Decree of the Immigration Control Act provides that "The Minister of Justice shall grant the status of stay for the applicant."