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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 January 29, 2016, the Plaintiff, as a foreigner of Vietnam’s nationality, entered the Republic of Korea with the status of general training (D-4) sojourn on January 29, 2016, applied for the extension of the period of stay to the Defendant once again on August 25, 2016.
B. However, on October 12, 2016, the Defendant rendered a decision not to permit the extension of sojourn period to the Plaintiff on the ground of “insufficient financial requirements, etc.” (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 3, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the plaintiff's assertion is that the plaintiff not only has the financial ability to receive language training in the Republic of Korea, but also cannot be readily determined as being engaged in illegal employment, and that there is no violation of the laws of the Republic of Korea, and that the plaintiff has sufficient intent to continue to stay in the Republic of Korea, and that the disposition of this case causes enormous damages to the plaintiff, while the public interest to be achieved is minor, and that the defendant is applying discriminatory criteria between the students studying in the Master University of Literature and ordinary students. Thus, the disposition of this case is deemed to be unlawful because it has considerably lost the validity under the social norms, and thus has a deviation from discretionary power.
B. 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 stay prescribed by Presidential Decree, and that a foreigner who stays in the Republic of Korea intends to engage in activities that fall under the status of stay different from that of his/her status of stay shall obtain the permission to change the status of stay from the Minister of Justice in advance, and that a foreigner shall obtain the permission to extend the period of stay from the Minister