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(영문) 서울행정법원 2018.09.11 2018구단5294
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 October 15, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status on the short-term date on October 15, 2015, and obtained permission to change the status of stay as a general training (D-4) on January 28, 2016, and thereafter stayed on several occasions after obtaining permission to extend the period of stay for the said status of stay (the expiration date of the final period of stay: March 4, 2017).

B. On March 16, 2017, the Plaintiff filed an application for change of status of stay (hereinafter “instant application”) with the Defendant as a student studying (D-2) (hereinafter “instant application”) on the ground that he/she would complete the master degree course at the Han Forest International Graduate School School. However, on July 5, 2018, the Defendant rendered a decision with respect to the Plaintiff not to permit the change of the Plaintiff’s status of stay on the ground that “the submission of data borrowed money from another person to prove his/her own financial capacity, and illegal employment, etc. at the construction site without permission” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 10, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he did not engage in any activity contrary to the status of sojourn, such as job seeking, and submitted data proving the financial capacity of the plaintiff to the defendant at the time of the application of this case. However, because of the consumption habits that mainly uses ordinary cash, the money deposited immediately after the above application was withdrawn and used at necessary places and only stored the remainder in cash.

The disposition of this case is erroneous in misunderstanding facts or abusing discretion by violating the principle of proportionality.

B. According to Articles 10(1), 24(1), and 25 of the Immigration Control Act, a foreigner who intends to enter the Republic of Korea shall have such status of sojourn as prescribed by Presidential Decree, and if a foreigner who stays in the Republic of Korea intends to engage in any activity falling under the status of sojourn different from his/her status of sojourn, he/she shall obtain prior permission

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