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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
On September 5, 2015, the Plaintiff entered the Republic of Korea with the unit price visit (C-3) sojourn status on September 5, 2015, and changed the status of stay into the qualification for general training (D-4) on November 24, 2015.
Then, on June 28, 2017, the Plaintiff applied for extension of sojourn period to the Defendant (hereinafter “instant application”), but the Defendant rendered a decision not to grant extension of sojourn period, etc. (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff failed to meet the financial requirements, etc.
【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 2, and 1 and 2, and the purport of the entire pleadings. The Plaintiff deposited money with Mongolia bank. At present, the Plaintiff’s Mongolia bank passbook has deposited money of at least nine million won.
In addition, the mother of the plaintiff is supporting the plaintiff's living while selling smuggling rice in Mongolia.
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, and a foreigner who stays in the Republic of Korea intends to engage in any activity that falls under the status of sojourn different from that of his/her status of sojourn, the permission to change his/her status of sojourn shall be obtained from the Minister of Justice in advance. If a foreigner intends to continue his/her sojourn in excess of the period of sojourn, he/she 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, a foreigner may stay