1. The plaintiff's claim is dismissed.

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

Details of the disposition

On May 24, 2015, the Plaintiff entered the Republic of Korea with a short-term visit visa (C-3) on a short-term visit visa (C-3) on May 24, 2015, and changed the status of stay to the status of stay for general training (D-4 and January 7, 2016) on July 9, 2015, and returned to the Republic of Korea on August 20, 2015 while staying.

On January 5, 2016, the Plaintiff, upon receiving permission from the Defendant to extend the period of sojourn (on April 18, 2016, the expiry date), applied again for the extension of the period of stay to the Defendant on April 19, 2016.

On July 26, 2016, the Defendant rendered a disposition denying the Plaintiff’s application on the grounds of “the impossibility of academic purpose and financial capacity, etc.” (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, Gap evidence 1, 2, Eul evidence 1, 2-1, and Eul evidence 3-1, and the purport of the entire pleadings, whether the disposition of this case is legitimate or not, the plaintiff's assertion that the disposition of this case is legitimate, shall prepare and submit to the defendant essential documents, such as evidence of financial capacity necessary for extension of the period of stay, and the plaintiff has no other grounds for disqualification that allow the extension of the period of stay to the plaintiff, such as faithfully engaging in fishing training.

Nevertheless, since the defendant rejected the change of the plaintiff's sojourn status, the disposition of this case is illegal as it deviates from and abused the defendant's discretionary power.

Judgment

Article 10(1) of the Immigration Control Act provides that "A foreigner who intends to enter shall have the status of sojourn prescribed by Presidential Decree." Article 25 of the same Act provides that "A foreigner who intends to continue to stay in excess of the period of sojourn shall obtain permission for extension of the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed

In full view of the language, system, etc. of the Immigration Control Act, permission for extension of the period of stay is granted to foreigners staying in the Republic of Korea the authority to continue to stay in excess of the initial period of stay.