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(영문) 수원지방법원 2019.02.08 2018구단3558
체류자격변경불허결정처분취소
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 of Indian nationality (B).

On September 5, 2016, the Plaintiff filed an application for changing the status of stay to the status of stay for study (D-2-1 and specialized study course) in C University on August 21, 2018 while entering Korea on September 5, 2016 and staying approximately two years at C University as the status of stay for Korean Language Training (D-4-1).

B. On September 3, 2018, the Defendant rendered a non-permission of change of status of stay (hereinafter “instant disposition”) pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act on the ground that “unnecessary financial expenses” against the Plaintiff.

【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), or a person who intends to receive a regular course or conduct a specific research at an educational institution or academic research institute of study (D-2) or higher than a junior college (D-2) on November 1, 200, shall be granted status of stay (Article 10 of the Immigration Control Act and attached Table 12(1) of the Enforcement Decree of the same Act). When applying for permission of change of sojourn and permission of extension of sojourn period, the following attached documents shall

(Article 31(1) of the Enforcement Decree of the Immigration Control Act, and Article 76(a) of the Enforcement Rule of the Immigration Control Act shall include the academic and financial ability of study (including the D-2 change of status of stay).

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