1. The plaintiff's claim is dismissed.

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

Details of the disposition

On June 8, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit on June 8, 2015, and changed the status of stay into the qualification for general training (D-4) on August 31, 2015.

After that, the Plaintiff filed an application for the extension of the period of stay with the Defendant (hereinafter “instant application”), but on March 27, 2017, the Defendant rendered a decision not to allow the Plaintiff to extend the period of stay (hereinafter “instant disposition”).

【Ground of recognition” did not have any dispute, Gap evidence Nos. 3, Eul evidence No. 1, and the purport of the entire pleading as to whether the disposition of this case is legitimate, the plaintiff asserted that the plaintiff has the money necessary for sojourn status of general training (D-4) in the passbook.

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 the entry into and departure from the Republic of Korea and foreigners.