체류기간 연장허가 거부처분 취소
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 January 15, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality (D-4) status of general training (D-4), and obtained permission to change his/her status of stay from the Defendant on July 14, 2017.
B. On October 5, 2018, the Plaintiff applied for extension of the period of stay to the Defendant. However, on January 17, 2019, the Defendant rendered a decision to deny the extension of the Plaintiff’s sojourn period (hereinafter “instant disposition”) on the ground that “the Plaintiff’s deposit was in excess of the standard hours of part-time employment, and the Plaintiff’s domestic sojourn status is inferior, such as helping extend the period of stay by lending the Plaintiff’s deposit to another person.”
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s request on November 22, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5 through 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion began to work in a restaurant inevitably because of the internal war that occurred in the Kamera, which was inevitable due to the parent’s failure to receive support from the parent. However, the Plaintiff’s employment itself obtained permission, but the reason that the Plaintiff worked in excess of the permitted time was requested by the employer to serve eight hours a day from the employer. In reality, it was impossible to refuse this request.
In addition, the plaintiff does not enter the Republic of Korea for employment purposes and does not violate the law regarding entry and departure before his study is conducted faithfully.
The lending of the deposit by the Plaintiff was made only to help the Plaintiff upon the request from his or her relatives who had difficulties in the situation.
Considering the above, the instant disposition ought to be revoked in an unlawful manner as it deviates from or abused discretionary power.
B. Determination 1 Articles 10, 24(1) and 25 of the Immigration Control Act intend to enter the Republic of Korea.