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(영문) 서울행정법원 2019.01.23 2018구단76128
체류기간연장등불허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 10, 2017, the Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea with the status of general training (D-4) sojourn on September 10, 2017, and filed an application with the Defendant for permission to change the status of stay (D-2) to the status of stay in study (D-2) on February 8, 2018.

Since it has been decided not to permit the extension of the period of stay, etc. for which you have applied for pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act, he/she shall notify him/her of

YC 33 of the 33th public notice of Articles 55 through 50 of the Civil Code. The de parture deline stringing Korea by de facto lavedon to the Republic of Korea.

On May 9, 2018, the Defendant issued a non-permission notice on the extension of sojourn period, etc. (hereinafter “instant notice”) to the Plaintiff on the grounds of non-permission of “insufficient financial capacity” to the Plaintiff. The Defendant issued a non-permission notice on the extension of sojourn period, etc. (hereinafter “the instant notice”), and the contents indicated in the main sentence of the instant notice are as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. Article 33(1) of the Enforcement Decree of the Immigration Control Act (hereinafter “Enforcement Decree”) provides that “When the Minister of Justice does not grant permission, etc. under the provisions of Articles 29 through 31, he/she shall issue a written notice of non-permission, such as extension of the period of stay, to the applicant.” Article 83(1) of the former Enforcement Rule of the Immigration Control Act (amended by Ordinance of the Ministry of Justice No. 927, May 15, 2018; hereinafter “Enforcement Rule”) provides that various forms of immigration control relations shall be attached to the attached form. The attached Form 40 provides that “The Minister of Justice shall grant his/her stay status” and the attached Form 43.

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