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(영문) 서울행정법원 2017.08.16 2017구단57625
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 as a short-term visit (C-3) sojourn status on September 14, 2015, and changed the status of stay to a general training (D-4) qualification on November 4, 2015.

B. On March 3, 2017, the Plaintiff filed an application for change of status of stay in the capacity to study in the master’s degree course (D-2-3) and the Defendant rendered a decision on March 27, 2017 to deny the extension of the stay period, etc. (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has received school expenses from his parents in Mongolia, and has used expenses whenever necessary through the check card after making deposits in the passbook whenever he receives money.

The Defendant’s disposition of this case, which was taken on the premise that the Plaintiff’s financial capacity is insufficient solely because the Plaintiff had withdrawn the above money at once after submitting the certificate of balance to the Defendant, is unlawful.

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 sojourn prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in an activity that differs from his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission to extend his/her status 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 of sojourn recognized at the

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