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(영문) 서울행정법원 2016.09.26 2016구단58409
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 26, 2016, the Plaintiff entered the Republic of Korea with a visa for ordinary tourism (C-3-9, 90 days), one of the short-term visits (C-3) visa (C-9, 90 days), and filed an application for permission for change of status to the Republic of Korea with the Defendant on February 29, 2016, one of the qualifications for general training (D-4).

On July 4, 2016, the Defendant rendered a decision on July 4, 2016 to deny the change of status of stay on the ground that the Plaintiff is subject to the restriction on qualification change under Article 9(1)1(c) of the Enforcement Rule of the Immigration Control Act (hereinafter referred to as the “Act”).

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1, Eul evidence 1-3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff is seeking to enter the master’s degree course after the Korean language study course, and the Plaintiff’s parent has a financial ability and intent to send the Plaintiff to South Korea, such as that the Plaintiff’s parent operates a trade company in Mongolia, while paying a monthly income of at least ten million won, etc., and the Defendant determined financial capacity based on the details of entrance and exit without giving the Plaintiff an opportunity to state his financial ability. The Plaintiff is going to the Seoul Seongbuk-gu Seoul Building 413 Korean Language Education Institute, while residing in the 413 building in Seongbuk-gu Seoul, and the Plaintiff was living in Korea and was friendly in Korea and promised to future, taking into account the Plaintiff’s academic performance and academic process, degree of the Plaintiff’s ability to develop the Korean language skills, and future plans, etc., the instant disposition is an unlawful disposition that deviates from and abused discretion.

(b) Articles 10, 12(1), (3)2, 12(4), 17, and 24(1) of the Act shall require the status of stay prescribed by the Presidential Decree to be granted to any foreigner who intends to enter the Republic of Korea. Any foreigner who intends to enter the Republic of Korea shall be permitted to enter the Republic of Korea after conducting an entry inspection where the purpose of entry meets the status of stay, and after entry, he/she may stay within the scope of the relevant status of stay

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