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(영문) 서울행정법원 2016.09.23 2016구단58751
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 April 28, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and on June 29, 2016, applied for the change of the status of stay to the status of stay to be accompanied by the spouse (B; hereinafter the Nonparty) staying in the Republic of Korea as a general training (D-4) sojourn status to the Defendant (hereinafter the instant application) (hereinafter referred to as “instant application”).

B. Meanwhile, the Nonparty entered the Republic of Korea on March 22, 2016 with the status of stay for general training (D-4) and obtained permission for extension of the period of stay on August 19, 2016.

C. On July 8, 2016, the Defendant rendered a disposition to deny the instant application on the ground that “The Plaintiff is subject to the restriction on qualification change under Article 9(1)1(c) of the Enforcement Rule, the proof of expenses incurred in staying, the lack of financial input, and the uncertainty of place of stay” (hereinafter the instant disposition).

[Ground of recognition] Facts without dispute, Gap 2, Eul 7 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion has sufficient financial capacity and has transferred his domicile to a location close to the non-party's school. The disposition of this case is unlawful since it was made by abusing and abusing discretionary power.

(b) Determination 1) Status of stay accompanied by (F-3) is granted to a spouse or minor child of a person eligible for the status of stay for cultural arts (D-1) through (E-7) and granted to a person without a spouse. According to Article 76(2)5 and attached Table 5-2 of the Enforcement Rule of the Immigration Control Act, documents to be submitted to obtain permission of change to the status of stay for accompanying (F-3) are limited to passports, alien registration certificates (where alien registration is made, family relation documents).

However, according to the evidence Nos. 4 and 6, the defendant must request the plaintiff to submit documents proving financial capacity of the plaintiff with respect to the plaintiff's application of this case, and examine them, and the plaintiff's financial capacity is insufficient.

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