(영문) 서울행정법원 2017.11.29 2017구단13311

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(영문) 서울행정법원 2017.11.29 2017구단13311

체류기간연장등불허가처분취소

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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 April 13, 2016, the Plaintiff entered the Republic of Korea as a general training (D-4) foreigner, and obtained permission for extension of the period of stay twice from the Defendant. On March 20, 2017, the Plaintiff filed an application for permission for extension of the third period of stay with the Defendant.

B. However, on April 12, 2017, the Defendant rendered a disposition not to permit the extension of the Plaintiff’s period of stay (hereinafter “instant disposition”) on the ground that “the Plaintiff’s lack of financial capacity and lack of financial capacity.”

[Reasons for Recognition] No dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, 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 had received USD 1,000 per month from the parents in Uzbekistan in the Republic of Korea at the expense of proposal in the Republic of Korea, and thus, it is evident that the Plaintiff has sufficient ability to conduct general training in the Republic of Korea. Considering the fact that the Plaintiff did not engage in activities not permitted in the Republic of Korea, and that the Plaintiff did not faithfully attend the Korean educational institution, and had a high attendance in the Korean language, the instant disposition should be deemed unlawful as the Defendant’s disposition by abusing discretion on immigration administration.

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. If a foreigner intends to continue to stay in excess of the period of stay, the foreigner shall obtain the permission to extend

참조조문

-출입국관리법 제10조 제1항

-출입국관리법 제24조 제1항

-출입국관리법 제25조

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