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(영문) 서울행정법원 2017.04.25 2016구단34816
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 10, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 10, 2015, and changed the status of stay into the qualification for general training (D-4) on September 17, 2015.

On February 7, 2016, the Plaintiff applied for the extension of the period of stay to the Defendant. However, on December 16, 2016, the Defendant rendered a decision not to grant the extension of the period of stay (hereinafter “instant disposition”).

【Ground of recognition】 The Plaintiff asserted that there was no dispute, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 2, and 1 and 2, and the purport of the entire pleadings, and whether the disposition of this case is legitimate or not, the Plaintiff sufficiently explained the necessary expenses during the period of fishery training in

Therefore, the Defendant’s disposition of this case, based on the premise that the Plaintiff’s financial capacity is insufficient, is unlawful as it misleads the facts or abused discretion.

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 Korea and foreigners.

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