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(영문) 서울행정법원 2019.06.14 2018구단76111
체류기간연장등불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiffs are married couples and foreigners of Mongolian nationality.

Plaintiff

A (hereinafter referred to as “Plaintiff A”) entered the Republic of Korea on a short-term visit (C-3) on December 3, 2015, and stayed in the Republic of Korea on February 29, 2016 after changing the status of stay for general training (D-4) into that of the Republic of Korea on a short-term visit (C-3) and completed the Korean language training at C University. After entering a master’s degree course at C University, he/she changed the status of stay for study (D-2) on March 13, 2017 to the status of stay for study (D-2) and applied for extension of the period of stay to the Defendant on March

Plaintiff

B (hereinafter “Plaintiff 2”) entered the Republic of Korea on a short-term visit (C-3) on December 3, 2015, and stayed with Plaintiff 1’s spouse on February 29, 2016 upon obtaining the status of stay attached (F-3), and applied for the extension of the period of stay to the Defendant on March 12, 2018.

B. On May 15, 2018, the Defendant issued a disposition not to grant the extension of the period of stay to Plaintiff 2 (hereinafter “instant disposition 1”) on the ground that Plaintiff 1 was “insufficient financial capacity” with respect to Plaintiff 1, on the ground of “insufficient financial capacity” (hereinafter “in this case’s disposition with respect to Plaintiff 1”), and “instant disposition 2” with respect to Plaintiff 2, and “the instant disposition” with respect to each of the above dispositions, and “each of the instant dispositions” with respect to each of the above dispositions.

C. The Plaintiffs dissatisfied with each of the instant dispositions and filed an administrative appeal with the Central Administrative Appeals Commission on May 31, 2018, but the Central Administrative Appeals Commission dismissed all the Plaintiffs’ claims on October 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 17, Eul evidence Nos. 1 through 3 and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The summary of the plaintiffs' assertion of this case should be revoked on the grounds that each disposition of this case is unlawful for the following reasons.

1) On December 3, 2015, Plaintiff 1 entered the Republic of Korea on December 3, 2015, and thereafter undergo general training (D-4) and study (D-2 status of stay).

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