1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is U.S.

On March 5, 2016, the status of stay was changed to that of study (D-2) on August 31, 2016 after entry into the Republic of Korea as a foreigner of nationality on March 5, 2016.

On March 30, 2017, the Plaintiff applied for the extension of the period of stay to the Defendant (hereinafter “instant application”). However, on April 10, 2017, the Defendant rendered a decision not to grant the extension of the period of stay (hereinafter “instant disposition”) to the Plaintiff on the ground that “the submission of false balance and financial capacity are insufficient.”

【Ground of recognition” without any dispute, Gap 1, 3, 4, Eul 1’s written evidence, Eul 1’s overall purport of pleading, and the plaintiff’s argument as to whether the disposition of this case is legitimate or not, the plaintiff’s argument that the disposition of this case was legitimate has the financial support necessary for studying in the Republic of Korea.

Therefore, the Defendant’s disposition that deemed that the Plaintiff did not have financial capacity is unlawful as it was erroneous or abused by mistake of facts or deviation from discretionary power.

Judgment

1. 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; a foreigner who intends to stay in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance; if the foreigner intends to continue his/her sojourn in excess of the status of sojourn, the foreigner shall obtain the permission to change his/her status of sojourn from the Minister of Justice; and if the 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 before the period of sojourn expires, as prescribed by Presidential Decree. Thus, the foreigner may stay only within the scope of his/her status

However, such discretion.