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(영문) 서울행정법원 2018.05.09 2018구단55602

강제퇴거명령취소

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 nationality of the People's Republic of China (hereinafter "China").

B. On June 10, 2014, the Plaintiff applied for the status of stay of a specific activity (E-7) (the expiry date: June 10, 2015) to serve as a Chinese cook in B, accompanied by a letter of invitation of C, a business operator of the Plaintiff, and was granted the status of stay of a specific activity (the expiration date: June 10, 2015) on June 10, 2014. On the same day, the Plaintiff entered the Republic of Korea as a specific activity status, entered the Republic of Korea, filed an application for the extension of the period of stay of a specific activity with the Defendant three times, and stayed in Korea

On June 10, 2015, the expiration date of the period of stay extended on the date of permission for the filing date of an application shall be December 10, 2015, which is December 22, 2015, December 10, 2015, December 10, 2015, December 10, 2015, December 11, 2016, December 14, 2016. < Amended by Presidential Decree No. 27817, Dec. 14, 2016>

However, the Plaintiff worked only from June 1, 2014 to May 2015, and from June 1, 2015 to July 24, 2017, the Plaintiff served in the Chinese restaurant “D” (place of business: Seoul, Gwangjin-gu, Seoul, and business registration titleholder: F).

However, the Plaintiff did not obtain permission to change the workplace from the Defendant pursuant to the main sentence of Article 21(1) of the Immigration Control Act before commencing the work in D.

In addition, the Plaintiff also stated the workplace as “B” in the application for permission to extend the above period of sojourn.

B’s place of business and business registration number were changed to “Seoul Seocho-gu G” and “H” on May 20, 2015, and the Plaintiff entered the changed place of business and business registration number in the application for permission for extension of each period of sojourn.

On July 25, 2017, the Plaintiff submitted to the Ministry of Employment and Labor, on July 26, 2017, a petition containing the content that C delayed payment of approximately KRW 14 million to the Plaintiff (hereinafter “written petition for late payment of wages”) with the Ministry of Employment and Labor.

E. The head of the Seoul Eastern District Office