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(영문) 수원지방법원 2018.11.23 2018구단3282
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a woman (B) of Mongolian nationality.

On December 13, 2015, after entering the first place as a short-term visit (C-3-9) sojourn status on February 25, 2016, the Plaintiff applied for changing the status of stay to a general training (D-4 and C-U.D. Korean language training) sojourn status on February 25, 2016, and filed an application for changing the status of stay to a study abroad (D-2 and C-U.D-2) status of stay on February 14, 2018 immediately before the expiration date of the period of stay ( February 22, 2018).

B. On April 19, 2018, the Defendant rendered a provisional disposition for extension of sojourn period, etc. (hereinafter “instant disposition”) pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act on the ground that “the Plaintiff’s failure to meet the financial requirements, etc.” against the Plaintiff.

Article 22(1) of the Consolidated District Court Act (hereinafter “Central Administrative Appeals Commission”) was dismissed on July 17, 2018, against the disposition of this case.

【Non-contentious facts, Gap’s evidence Nos. 1, 2, 3, 8, Eul’s evidence Nos. 1, 2, 3, 4, 9, and the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); if a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she shall obtain the permission to extend the period of sojourn before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33(1) of the Enforcement Decree of the Immigration Control Act (Article 33(1) of the Enforcement Decree of the Immigration Control Act) status of stay (Article 33(1) of the Enforcement Decree of the Immigration Control Act), or status of stay of a person who has received a regular course of study (D-2) or intends to conduct a specific study at an educational institution or academic research institute higher than a junior college (D-2) is granted to the same person as indicated below (Article 10 of the Immigration Control Act and attached Table 12 of the Enforcement Decree

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