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(영문) 수원지방법원 2019.06.14 2018구단4889
체류기간연장등불허가처분취소
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 March 23, 2016, the Plaintiff entered the Republic of Korea with the status of stay for general training (D41) on March 23, 2016, and received the Korean language training from the B University located at Port-si located, and stayed with the Defendant having obtained permission for extension of the period of stay.

B. After that, on February 1, 2018, the Plaintiff entered the C Graduate School Department’s Master’s Degree, and applied for a change of status of stay to the Defendant as a student studying (D23) status. However, on April 19, 2018, the Defendant rendered a disposition of denying the change of status of stay on the ground of “insufficient financial requirements, etc.” (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on April 27, 2018, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s sojourn expenses prepared by his parents residing in Mongolia and deposited the Plaintiff’s name into a bank account in cash through a person who enters the Republic of Korea from Mongolia and then deposited it into the bank account in compliance with its purpose. In light of these circumstances, the Plaintiff’s financial ability necessary for his/her status of studying abroad cannot be deemed to be insufficient.

Furthermore, the reason why the Defendant’s financial capacity, such as deposit balance, in examining the change of status of stay, is to reduce the probability that the relevant foreigner would engage in activities other than the purpose of stay during the period of stay. In light of the fact that the Plaintiff had been staying in the Republic of Korea for the last two years and has been legally engaged in such activities in conformity with the purpose of stay, the instant disposition denying the change of status of stay of the Plaintiff on the ground of insufficient financial requirements is unlawful.

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