logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.05.10 2017구단1325
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 entered the Republic of Korea on a short-term visit (C-3) on November 8, 2015 as a foreigner of Mongolian nationality, and changed the status of stay for general training (D-4) on January 4, 2016.

B. On December 5, 2016, the Plaintiff applied for the extension of the period of stay on December 5, 2016, but the Defendant rendered a decision not to grant the extension of the period of stay on December 27, 2016 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful as it deviatess from and abused discretion, even though the Plaintiff continued to provide a language training in Korea and submitted a certificate of balance equivalent to KRW 6 million with financial input documents.

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 sojourn prescribed by Presidential Decree; a foreigner who intends to stay in the Republic of Korea shall obtain the permission to change his/her status of sojourn in advance; if the foreigner intends to continue to stay in excess of the period of sojourn, the foreigner shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires, as prescribed by Presidential Decree. Thus, the foreigner may stay only within the scope of the status of sojourn recognized at the time of initial entry and the period of sojourn; if the foreigner needs to continue his/her stay in the Republic of Korea, he/she shall obtain the permission to change his/her status of sojourn or the

In addition, immigration control administration is the country by properly controlling and coordinating the entry and departure of foreigners in Korea and foreigners.

arrow