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 November 29, 2015, the Plaintiff entered the Republic of Korea with the status of general training (D-4) on November 29, 2015, and stayed on two occasions on May 30, 2016 and November 22, 2016 after obtaining permission to extend the period of stay for the said status of stay (the expiration date of the final period of stay: May 29, 2017). On February 27, 2017, the Plaintiff filed an application for permission to change the status of stay with the Defendant as a student studying (D-2) (hereinafter “instant application”).
B. On March 28, 2017, the Defendant stated the grounds for refusing to permit the extension of sojourn period, etc. in the attached Form No. 43 of the former Enforcement Rule of the Immigration Control Act (amended by the Ordinance of the Ministry of Justice No. 930, Jun. 12, 2018) and issued the notice to the Plaintiff by stating the grounds for refusing to permit the extension of sojourn period, etc. as “Submission of false balance certificate and insufficient financial capacity” in attached Form 43 of the former Enforcement Rule of the Immigration Control Act.
(hereinafter “instant notification”). The Plaintiff filed a lawsuit seeking the revocation of the instant notification through the administrative appeal procedure on March 9, 2018.
(Seoul Administrative Court 2019Gudan52259, hereinafter referred to as the "Prior Litigation"). (c)
On the other hand, the Defendant conducted a fact-finding survey on the Plaintiff during the proceeding of the preceding lawsuit, and issued a notice to the Plaintiff on July 19, 2018, stating the grounds for refusing to grant permission to change the status of stay in attached Form 43-2 of the Enforcement Rule of the Immigration Control Act (amended by the Ordinance of the Ministry of Justice No. 930, Jun. 12, 2018) (hereinafter referred to as the “Rules of the Ministry of Justice”).
(hereinafter “instant disposition”) D.
On July 24, 2017, the Plaintiff changed the purport of the instant disposition to exchange it with seeking revocation of the instant disposition from the second date for pleading of the preceding lawsuit.
This Court on September 4, 2018