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(영문) 수원지방법원 2019.11.15 2019구단7465
체류기간연장등불허결정처분취소
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 July 9, 2016, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on July 9, 2016, and received the Korean language training at C schools located in B in the Essung City, and entered the same university’s bachelor course and obtained permission to change the status of stay for study (D-2) from the Defendant on March 12, 2018.

B. On April 1, 2019, the Plaintiff applied for the extension of the period of stay to the Defendant. However, on April 29, 2019, the Defendant rendered a disposition to deny the extension of the Plaintiff’s period of stay (hereinafter “instant disposition”) on the ground of “a failure to meet the financial requirements for students.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that all the money of the balance certificate of deposit submitted by the Plaintiff to the Defendant for the extension of the period of stay was raised in Uzbekistan of his own country, and the Defendant made the instant disposition by misunderstanding that the source is unclear, and that the Plaintiff had engaged in employment activities without obtaining the Defendant’s permission, but all the daily days were weekends that do not interfere with academic studies, and the paid amount was not much much, and the Plaintiff did not obtain the Defendant’s permission on the ground that the part-time employment activity was permitted when the Plaintiff received the status of stay in study (D-2) and the Plaintiff did not obtain the Defendant’s permission, and if the Plaintiff did not obtain the extension of the period of stay, the instant disposition is unlawful and should be revoked because it was an abuse of discretion.

B. According to Articles 10, 24(1) and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall have the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and the alien who stays in the Republic of Korea shall be different from his/her status of stay.

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