1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is U.S.

On May 21, 2014, as a foreigner of nationality, the status of stay was changed to that of study (D-2) on February 15, 2016 after entering the Republic of Korea with the status of stay for general training (D-4).

On March 31, 2017, the Plaintiff filed an application for the extension of the period of stay with the Defendant (hereinafter “instant application”). However, on April 12, 2017, the Defendant rendered a decision to deny the extension of the period of stay (hereinafter “instant disposition”) on the ground that “the submission of false balance, financial capacity, etc.” was insufficient.

【Ground of recognition” without any dispute, Gap evidence 5, Eul evidence 1, and the purport of the entire pleading and the disposition of this case is legitimate. The plaintiff's assertion that the disposition of this case is legitimate is sufficient to have financial capacity, such as providing at any time money necessary for the status of stay in study (D-2).

Therefore, the instant disposition taken on a different premise is unlawful as it misleads the factual basis or deviatess from discretionary power.

Judgment

1. 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; a foreigner who intends to stay in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance; if the foreigner intends to continue his/her sojourn in excess of the status of sojourn, the foreigner shall obtain the permission to change his/her status of sojourn from the Minister of Justice; and if the foreigner intends to continue his/her sojourn in excess of the period of sojourn, the foreigner shall obtain the permission to extend the period 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

In addition, immigration administration is.