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(영문) 서울행정법원 2017.04.12 2016구단30210
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 March 13, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term basis on March 13, 2015, and changed the status of stay into the capacity of accompanying (F-3) on June 4, 2015.

B. On September 28, 2016, the Plaintiff filed an application for change of status of stay in the capacity to study in the master’s degree course (D-2-3) and the Defendant rendered a decision on November 8, 2016 to deny the extension of the stay period, etc. (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff deposited KRW 20 million in the Plaintiff’s account, which was denied by the Plaintiff, and thereafter filed the instant application, and thereafter returned KRW 10 million to the Plaintiff.

This is merely due to the fact that Mongolian citizens' preference to keep the money in cash because they do not trust the bank, but only because the money deposited in the passbook was withdrawn at once, the defendant's disposition of this case based on the premise that the financial capacity of the plaintiff is insufficient for the plaintiff is illegal or has abused or abused facts or discretion.

B. 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 stay prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of stay different from that of his/her status of stay shall obtain the permission to change the status of stay from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of stay, the foreigner shall obtain the permission to extend the period of stay from the Minister of Justice before the period of stay expires, as prescribed by Presidential Decree.

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