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(영문) 수원지방법원 2020.11.25 2020구단2220
체류기간연장허가거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 2, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Mongolia’s nationality in short-term visits (C-3), and obtained permission to change each status of stay for the purpose of general training (D-4) on February 19, 2016, and study (D-2) on March 12, 2018.

B. On March 21, 2019, the Plaintiff applied for the extension of the period of stay for studying abroad (D-2). On May 2, 2019, the Defendant rendered a disposition against the Plaintiff to deny the extension of the period of stay (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main purport of the Plaintiff’s assertion is to revoke the instant disposition in violation of the law of abuse of discretionary power, taking into account all circumstances, such as the fact that the Plaintiff has sufficient financial capacity, such as paying the living expenses in cash, and the fact that the surgery of his children is scheduled.

(b) as shown in the attached Form of the relevant statutes.

C. Articles 10, 24(1) and 25 of the Immigration Control Act provide that any foreigner who intends to enter the Republic of Korea shall obtain the status of stay falling under any of the subparagraphs of Article 10 of the same Act, and any foreigner who stays in the Republic of Korea intends to engage in activities falling under the status of stay different from that of his/her status of stay shall obtain a prior permission to change the status of stay from the Minister of Justice, and any foreigner shall obtain the permission to extend the period of stay from

Therefore, a foreigner may stay only within the scope of the status and the period of sojourn recognized at the time of initial entry, and if a foreigner needs to continue his/her stay in Korea, the procedure of re-entry after departure.

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