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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 1, 2015, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China"), and worked as a cook in China's restaurant (hereinafter referred to as "place of business") in the name of "B" from December 2, 2015, when he/she entered the Republic of Korea as the sojourn status of "specific activities" (date of expiration: December 1, 2016), and worked as a cook on November 29, 2016.
(Completion Date: December 1, 2017).(b)
However, on December 13, 2016, the Plaintiff submitted a written petition to the head of the Seongbuk-gu District Employment and Labor Office having jurisdiction over the delayed payment of wages, without having worked at the workplace.
C. On January 11, 2017, the Plaintiff filed an application with the Defendant for permission to change the status of stay, and obtained the permission to change the status of stay (the expiry date: April 11, 2017) on February 7, 2017.
On March 10, 2017, the Plaintiff filed an application with the Defendant for permission to change the status of stay as “job” on March 10, 2017 after the said petition case was closed.
Since it has been decided not to permit the extension of the period of stay, etc. for which you have applied for under Article 33 of the Enforcement Decree of the Immigration Control Act, he shall notify his departure by the designated departure deadline.
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On March 15, 2017, the Defendant issued to the Plaintiff a written notice of non-permission on the extension of sojourn period, etc. under attached Form 43 of the Enforcement Rule of the Immigration Control Act, stating the grounds for non-permission as “other reasons, such as lack of requirements,” and issued a document stating the following details:
(f) The Plaintiff’s instant notification constitutes a decision not to grant permission to change the status of stay to which the Plaintiff responded to the Plaintiff’s application for permission to change the status of stay; and on March 16, 2017.