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(영문) 서울행정법원 2018.12.07 2018구단66336
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. On September 15, 2016, the Plaintiff entered the Republic of Korea with the general training (D-4) status on September 15, 2016, and stayed on four occasions with the permission to extend the sojourn period for the said status of stay (the expiration date of the final sojourn period: March 10, 2018), and applied again for the extension of the sojourn period for the said status of stay to the Defendant on February 14, 2018.

B. However, on April 5, 2018, the Defendant issued a non-permission disposition on April 5, 2018 against the Plaintiff for extension of sojourn period (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 18, 2018, but was dismissed on June 12, 2018.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, Eul evidence 2 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of requesting extension of the sojourn period, the Plaintiff presented to the Defendant a certificate of balance of the deposit account in the name of the Plaintiff, which is deposited in KRW 7050,000,000, as evidence proving the financial capacity of the Defendant at the time of requesting extension of the sojourn period. However, since the bank transaction did not deposit the ordinary money in the passbook and used in cash, the Plaintiff withdrawn the money deposited on the following day of

However, the defendant deemed that the money deposited in the plaintiff's account was not financial capacity of the plaintiff on the ground that it was temporarily withdrawn, and there was an error of misconception of facts or abuse of discretionary power in violation of the principle of proportionality.

B. According to Articles 10(1), 24(1), and 25 of the Immigration Control Act, an alien who intends to enter the Republic of Korea shall obtain such status of stay as prescribed by Presidential Decree, and if an alien who stays in the Republic of Korea intends to engage in any activity that differs from his/her status of stay, the alien shall obtain prior permission

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