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(영문) 서울행정법원 2016.10.31 2016구단58737
체류기간연장등불허가처분취소
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. The Plaintiff is a foreigner of Mongolian nationality, who entered the Republic of Korea on a short-term visit (C-3) on October 30, 2015 and was changed to the status of stay on January 15, 2016 (F-3) and stayed.

B. On June 10, 2016, the Plaintiff filed an application with the Defendant for changing the status of stay to a general training (D-4) on the ground of his/her study at the International Language Education Center for the purpose of changing the status of stay to a general training (hereinafter “instant application”).

C. On July 8, 2016, the Defendant rejected the Plaintiff’s application on the ground that “The lack of documents regarding financial admission and the impossibility of staying in Korea are not unavoidable.”

(hereinafter referred to as “instant disposition”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 2, and 1 and 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion and the husband together resided in the Republic of Korea, and the husband confirmed employment in Mongolia and returned to Mongolia. However, the Plaintiff decided to continue studies after having transferred Korean language and decided to enter the International Language Education Center at the Ginam University.

In order to change the status of stay to the status of stay, the plaintiff presented sufficient documents on the basis of the financial support of the plaintiff's husband, etc., and it is improper to determine that only the circumstance that the defendant did not recognize it and the husband returned to Mongolia does not have any inevitable reason for

Therefore, the instant disposition based on this is an abuse of discretion.

B. Article 10(1) of the Immigration Control Act provides that a foreigner who intends to enter the Republic of Korea shall have the status of stay as prescribed by the Presidential Decree. Article 24(1) of the same Act provides that a foreigner who stays in the Republic of Korea intends to engage in an activity falling under the status of stay different from that of his/her status of stay shall obtain permission

The status of change of status of sojourn shall be original to the applicant.

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