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(영문) 수원지방법원 2018.09.07 2018구단7130
체류기간연장등불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a woman (B) of Mongolian nationality.

On December 4, 2016, the Plaintiff first entered the status of stay for general training (D-4) and completed the course of international language training at Cuniversity, and was granted permission for extension of the period of stay on three occasions ( March 5, 2018, the date of expiration of the final period of stay).

On January 31, 2018, the Plaintiff filed an application with the Defendant for change of the status of stay for study (D-2) to the status of stay on the ground that the Plaintiff passed the master degree course of D University Social Welfare Department.

B. On April 19, 2018, the Defendant rendered a provisional disposition for extension of sojourn period, etc. (hereinafter “instant disposition”) pursuant to Article 33 of the Enforcement Decree of the Immigration Control Act on the ground that “the Plaintiff’s failure to meet the financial requirements, etc.” against the Plaintiff.

【Facts without dispute over the grounds for recognition】 non-contentious facts, Gap evidences 1 through 8, Eul evidences 1 through 5, the purport of the whole pleadings

2. If a foreigner staying in the Republic of Korea wishes to engage in activities that fall under the status of sojourn different from his/her status of sojourn, a permit to change his/her status of sojourn shall be obtained in advance (Article 24(1) of the Immigration Control Act); 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 before the period of sojourn expires (Article 25 of the Immigration Control Act); if such permission

(Article 33(1) of the Enforcement Decree of the Immigration Control Act (Article 33(1) of the Enforcement Decree of the Immigration Control Act). Status of stay in the Republic of Korea is granted to a person who falls under sojourn status (Article 33(1) of the Enforcement Decree of the Immigration Control Act) or a person who has received a regular course or intends to conduct a specific research at an educational institution or academic research institute of study (D-2) or higher than a junior college (D-2) on November, 11. (Article 10 of the Immigration Control Act and Article 12(1) of the Enforcement Decree of the Immigration Control Act). According to Article 31(1) of the Enforcement Decree of the Immigration Control Act

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