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(영문) 서울행정법원 2017.11.22 2017구단17139

체류기간연장등불허가처분취소

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1. The Defendant’s disposition of denying extension of the period of stay against the Plaintiff on May 17, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On January 12, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the Republic of Korea’s nationality, and applied for extension of the period of stay to the Defendant on April 10, 2017.

B. However, on May 17, 2017, the Defendant rendered a disposition not to permit the extension of the Plaintiff’s sojourn period (hereinafter “instant disposition”) on the grounds of “other reasons, such as lack of financial capacity, etc.” against the Plaintiff.

[Ground of recognition] No dispute, Gap evidence Nos. 5, 6, Eul evidence No. 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Whether the key issue of the instant case satisfies the financial capacity of the Plaintiff to study in the Republic of Korea

B. In full view of the purport of the Plaintiff’s entry in the Plaintiff’s evidence No. 5 and the entire pleadings (written reference materials submitted by the Plaintiff on October 25, 2017), the Plaintiff did not submit evidentiary documents regarding financial capacity while applying for extension of the period of stay on April 10, 2017 to the Defendant. On April 13, 2017, the Plaintiff submitted a balance certificate proving that the Plaintiff’s national bank account (hereinafter “instant account”) was deposited in KRW 10,507,084 in accordance with the Defendant’s order of correction. However, the balance of the instant account was merely KRW 97,084,00 and was 10:40,000,000,000 from KRW 40,000,000,000 to KRW 40,000,000,000,0000 from KRW 40,000,000,000,000.