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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are foreigners and couple of Mongolian nationality.
B. On August 27, 2015, Plaintiff 1 entered the Republic of Korea as a short-term visit (C-3) sojourn status from November 23, 2015, and stayed as a general training (D-4) sojourn status on two occasions, and applied for the extension of the sojourn period on or around October 2016. Plaintiff 2, who was staying as a partner (F-3) sojourn status from January 4, 2016, applied for the extension of the sojourn period to the Defendant on two occasions, and Plaintiff 2 extended the sojourn period on two occasions with Plaintiff 1 and the Defendant around October 2016.
B. However, on December 12, 2016, the Defendant rendered a decision not to permit the extension of sojourn period to the Plaintiffs on the grounds of “sufficient financial capacity, etc.” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the plaintiffs' assertion is that the plaintiffs 1 not only has the sufficient financial ability to receive language education training in the Republic of Korea, but also has excellent academic achievements and sufficient guidance to want to study more in the Republic of Korea. In light of the fact that the disposition of this case is illegal, it shall be deemed that the disposition of this case is an abuse of discretionary authority.
B. 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, the foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice