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 April 2008, the Plaintiff entered the Republic of Korea with short-term (C-2) sojourn status for short-term use (C-2), and changed the status of stay for business investment (D-8) around June 2008. On or around August 2008, the Plaintiff changed the status of stay to the status of stay for business investment (D-9). On or around August 2013, the Plaintiff changed the status of stay to the status of stay for trade management (D-9) and stayed for nine times after obtaining permission for extension of the period of stay from the Defendant.
B. Around July 2018, the Plaintiff filed an application for extension of the period of stay with the Defendant, but the Defendant, on the ground that “A failure to prove the independent place of business and the normal operation of the business below the standard (amount of income for five years, less than GNI 60%, and KRW 0 won during the ordinary period of business in 2018, etc.),” issued a notification of non-permission decision to the Plaintiff on October 12, 2018 (hereinafter “instant disposition”).
[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was erroneous by misapprehending the facts, as well as the error of violating the principle of proportionality and the principle of self-regulation in administration, and thus, the instant disposition is an unlawful disposition that deviates from and abused discretion.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 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 activities that fall under the status of sojourn different from that of his/her status of sojourn shall obtain the permission to change the status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of