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(영문) 서울행정법원 2018.09.11 2018구단58199
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, a foreigner of Vietnam’s nationality, entered the Republic of Korea on May 29, 2017 as a general training (D-4), and obtained permission for extension of the period of stay for the said status of stay on November 23, 2017 (the expiration date of the period of stay: March 3, 2018).

B. On March 2, 2018, the Plaintiff again filed an application with the Defendant for permission to extend the sojourn period in the above sojourn status (hereinafter “instant application”). On March 20, 2018, the Defendant rendered a decision not to permit the extension of the Plaintiff’s sojourn period (hereinafter “instant disposition”) on the ground that “other reasons, such as lack of financial capacity, etc.,” against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has faithfully completed the Korean language course at the Seodaemun University Foreign Language Education Center.

In addition, it has sufficient funds necessary to stay in the Republic of Korea with general training status, but it is not confirmed in the Plaintiff's account transaction because it uses ordinary cash mainly.

The disposition of this case is erroneous in misunderstanding facts or abusing discretion by violating 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 the status of sojourn prescribed by Presidential Decree, and an alien who resides in the Republic of Korea intends to engage in an activity that differs from his/her status of sojourn shall obtain the permission to change his/her status of sojourn from the Minister of Justice in advance. If an alien intends to continue his/her sojourn in excess of the period of sojourn, the alien shall obtain the permission to extend the period of sojourn from the Minister of Justice before the period of sojourn expires

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