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(영문) 수원지방법원 2017.05.26 2017구단6932
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) On March 5, 2013, the Plaintiff initially entered the visa for study (D-2) and completed the graduate school course in Korea on August 5, 2015, and applied for the change of the status of stay to the Defendant on February 22, 2017, immediately before the expiration of the period of stay, while staying there on August 5, 2015.

B. On March 3, 2017, the Defendant rendered a non-permission disposition, such as extension of the period of stay (hereinafter “instant disposition”), pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act, on the ground that the Plaintiff’s lack of financial evidence.

【Facts 1, 2, and 4, evidence Nos. 1, 2, and 4, 1, and the purport of the whole pleadings】

2. If a foreigner staying in the Republic of Korea intends to engage in an activity that differs from his/her sojourn status, he/she shall obtain a permit to change his/her sojourn status in advance (Article 24(1) of the Immigration Control Act), and if a foreigner intends to continue his/her sojourn in excess of his/her sojourn period, he/she

(Article 25). Status of stay for studying abroad (D-2) is the status of stay granted to a person who receives a regular course education or intends to conduct a specific research at an educational institution higher than a junior college or academic research institute.

(Attachment 1 of Article 12 of the Enforcement Decree of the Immigration Control Act. In relation to the examination of the status of stay in Korea (D-2), the defendant submitted a certificate of balance of passbook in his name and a detailed statement of entry and withdrawal of passbook to the head of the Tong, etc. as a document proving the financial capacity. The defendant submitted the following documents: (a) the standard of recognition of the status of stay of foreign students in Korea (at least 20,000 dollars per year for universities located in Seoul Metropolitan area, and at least 18,000 dollars in other areas).

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