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(영문) 인천지방법원 2018.07.10 2018구단50403
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 September 14, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) capacity on September 14, 2015, and obtained a standard admission license as a trainee of the International Language Research Institute in the Korean language of the Danman University on December 7, 2015, and obtained permission for changing the status of stay as a general training (D-4) qualification on December 10, 2015.

B. On June 7, 2016 and September 13, 2016, the Plaintiff obtained permission to extend the period of stay on two occasions, and applied for the extension of the period of stay on March 14, 2017. The Plaintiff issued a disposition to refuse the extension of the period of stay on March 21, 2017 on the ground that the Defendant’s financial capacity to stay in the Republic of Korea is insufficient.

(Plaintiff filed an administrative appeal, but was dismissed on March 6, 2018). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, and Eul evidence 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he received school expenses and living expenses through inter-Korean and Mongolia, and when extending the period of stay, the plaintiff temporarily posted the balance of the head of the Tong in order to meet the defendant's standard that requires the balance of the head of the Tong above a certain amount. However, it is illegal as a deviation and abuse of discretionary authority not only misleads the facts but also makes a rejection disposition on the ground that it is insufficient to meet financial requirements for the extension of the extension.

나. 관계 법령 ▣ 출입국관리법 제10조(체류자격) ① 입국하려는 외국인은 대통령령으로 정하는 체류자격을 가져야 한다.

Article 18 (Restriction on Employment of Foreigners) (1) If a foreigner intends to find a job in the Republic of Korea, he/she shall obtain the status of stay that allows him/her to engage in job

If a foreigner intends to continue his/her stay in excess of the period of stay, the period of stay shall be determined by the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.

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