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(영문) 서울행정법원 2017.11.15 2017구단20371
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 December 21, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) foreigner with Mongolian nationality. On March 7, 2016, the Plaintiff obtained permission for changing the status of stay from the Defendant to a general training (D-4) for entering the Korean language course for the new graduate school universities and colleges.

B. The Plaintiff applied for extension of the period of stay to the Defendant before the expiration of the period of stay, but on June 16, 2017, the Defendant rendered a disposition not to permit the extension of the Plaintiff’s period of stay (hereinafter “instant disposition”).

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the purport of the Plaintiff’s assertion, following the instant disposition, the Plaintiff’s mother in Mongolia transferred money to the extent sufficient for the Plaintiff to undergo general training in the Republic of Korea; the Plaintiff’s mother promised to continue to provide financial support to the Plaintiff; the Plaintiff is considered to have been extremely general training in the Republic of Korea; the Plaintiff did not commit tort in the Republic of Korea; and the Plaintiff can play a certain role in the development of Mongolia and the friendship between the Republic of Korea and Mongolia by using knowledge acquired in the Republic of Korea, the instant disposition should be deemed unlawful as a result of the Defendant’s abuse or abuse of discretionary power over immigration administration.

B. 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 stay prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of stay different from that of his/her status of stay, the permission to change the status of stay shall be obtained from the Minister of Justice in advance, and that a foreigner intends to continue

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