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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. The Plaintiff, a foreigner of Mongolian nationality, entered the Republic of Korea on a short-term visit (C-3) on October 3, 2015, and changed his/her status of stay as a general training (D-4) on December 21, 2015 in order to undergo a Korean language training at the International Language Research Institute at B University (the expiration date of his/her stay period: June 15, 2016). The Plaintiff obtained permission for extension of the period of stay (the expiration date of his/her stay period: December 5, 2016) once thereafter, and applied again for permission for extension of the period of stay to the Defendant on December 5, 2016.
B. On February 17, 2017, the Defendant rendered a decision not to permit the extension of the Plaintiff’s sojourn period (hereinafter “instant disposition”) on the ground that “a lack of financial requirements, such as submission of false documents, etc.,” to the Plaintiff.
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on March 2, 2017, and the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on January 23, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion has been performing his studies faithfully after entering the Republic of Korea, and at the time of applying for extension of his sojourn period, the plaintiff submitted to the defendant a certificate of the balance that has been deposited in an amount equivalent to 6 million won, as seen earlier, as evidence to prove the financial capacity of the plaintiff at the time of applying for extension of his sojourn period. However, the plaintiff'
The plaintiff submitted a certificate of balance of the deposit account in the name of the plaintiff.
The above money is the money sent by the Plaintiff’s mother. The Plaintiff withdrawn KRW 5 million following the above application, and deposited KRW 3 million among them into the account of a bank mainly used in peace, and the remainder of KRW 2 million was kept in cash to use for daily expenses. The Plaintiff has received general training and sufficient funds necessary to stay in the Republic of Korea.
In addition, the president of the International Language Institute submitted by the Plaintiff at the time of the above application.