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. The Plaintiff, who has the nationality of Mongolia, entered the Republic of Korea on a short-term visit (C-3) on November 9, 2015, and obtained permission to change the status of stay in the capacity of general training (D-4) on February 4, 2016.
B. On December 14, 2016, the Plaintiff applied for extension of sojourn period, but the Defendant rendered a non-permission decision on the extension of sojourn period, etc. (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was unlawful since the Plaintiff graduated from the accounting department of Mongolian National University, and entered the Korean Language Academy of Korea to enter a graduate school in the Republic of Korea and the Republic of Korea, and passed the Korean Language Skill Test after completing the Korean language training, and subsequently entered the graduate school in Korea and planned to study the accounting science, but the instant disposition was deemed to have been an abuse of discretion.
B. 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, and that a foreigner who stays in the Republic of Korea intends to engage in an activity that differs from his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of his/her period of sojourn, the foreigner shall obtain the permission to extend his/her status 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 of sojourn recognized at the time of initial entry and the period