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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 March 28, 2009, the Plaintiff entered the Republic of Korea on March 28, 2009, and was granted the status of stay for language trainees (D-41) and for study (D-23) abroad (D-101) from March 20, 2014, and was staying (D-101: the expiration date of the period of stay: March 20, 2016) on February 26, 2016, the Plaintiff applied for permission of naturalization to the Minister of Justice on March 26, 2016, and applied for permission of stay to the Defendant on the ground of an application for permission of naturalization.
B. On April 22, 2016, the Minister of Justice issued a notification of refusal of naturalization (hereinafter “permission of naturalization”) pursuant to Article 4 of the Nationality Act on the ground that the Plaintiff is able to maintain his/her livelihood and good behavior. On April 26, 2016, the Defendant rendered a disposition of refusal of permission to change the status of stay (hereinafter “instant disposition”) with the deadline for departure as of May 10, 2016 on the ground that the said disposition of refusal of naturalization was rendered.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the disposition of this case constitutes a disposition of denial of naturalization, and the grounds for the disposition are unclear, and when the Plaintiff possessed assets, such as cash and bonds, and received monetary support from the Plaintiff, at the time of filing an application for naturalization, submitted financial input documents, such as a false balance certificate, etc.
The disposition of this case was issued based on such erroneous fact-finding although it cannot be deemed that the money was acquired through illegal employment. The disposition of this case is unlawful because it is an abuse of discretionary power due to a serious error in fact-finding.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination 1) Articles 10 and 24(1) of the Immigration Control Act, Article 12 [Attachment 1] of the Enforcement Decree of the Immigration Control Act, and Article 18-2 [Attachment 1] of the Enforcement Rule of the Immigration Control Act.