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(영문) 서울행정법원 2018.12.21 2018구단18306

체류기간연장허가거부처분취소

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 June 12, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis on June 12, 2015, and the status of stay was changed to a general training (D-4) on August 28, 2015, and thereafter, obtained permission to extend sojourn period for the said status of stay twice (the expiration date of the final sojourn period: February 26, 2017).

B. On February 17, 2017, the Plaintiff filed an application with the Defendant for permission to extend the period of stay, and the Defendant, on June 7, 2017, issued a disposition not to permit the extension of the period of stay (hereinafter “instant disposition”) to the Plaintiff on June 21, 2017, setting the departure time limit on the ground of “the false attendance rate verification, financial increase expenses, etc.” on the ground of “the false attendance rate verification, etc.”

C. The Plaintiff appealed and filed an administrative appeal on June 19, 2017, but was dismissed on April 26, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion holds funds necessary to stay in the Republic of Korea as the status of stay in general training in receiving school expenses from the parents of his/her individual business.

However, Mongolian's possession of cash is important, and since it is generally engaged in cash transactions rather than bank transactions, it is not required to deposit with bank.

In addition, since the Plaintiff was issued a false attendance book and submitted it to the Defendant by the International Language Institute, and did not know whether the attendance book was prepared in a false manner, it is unreasonable to impose liability on the Plaintiff on the ground that the false attendance book was merely an error on the side of the school that made the false management of school affairs.

Therefore, the disposition of this case is unlawful since it is erroneous by misunderstanding facts or by abusing discretionary power in violation of the principle of proportionality.

B. According to Articles 10(1) and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have the status of stay prescribed by Presidential Decree.