1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Quotation of the first instance judgment

A. The reasoning for this case is identical to that of the judgment of the court of the first instance, except for the addition of the following, and thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. The Plaintiff asserts that the exception to the proviso to Article 25(3) of the Act on the Employment, etc. of Foreign Workers (hereinafter “instant provision”) should be broadly interpreted in light of the legislative intent of the said provision. Thus, the Plaintiff asserts to the effect that the reason why foreign workers were unable to seek a suitable place of business falls under the foregoing exception.

However, when the legislators establish a system for the introduction of foreign human resources, more broad legislative discretion is recognized in accordance with policy decisions in consideration of the domestic employment market, national economic situation, national security and maintenance of order, etc.

Therefore, unless the contents of the legislation are unreasonable and unfair, the decision of the legislator's policy should be respected, and a wide range of legislative discretion is recognized, and the freedom of foreign workers' choice is specified only when the legislators specifically define the contents of the system in accordance with such policy decision.

The limitation of the period of permission for the change of a foreign worker’s workplace provided for in the instant provision is to protect domestic workers’ employment opportunities and prevent foreign workers who entered the Republic of Korea for employment purposes from staying in the Republic of Korea with no intent to work in the workplace or with no intent to work in the workplace, thereby seeking efficient employment management.

In principle, the basic framework of the Foreign Employment Act, which is premised on short-term stay, will collapse in order to prevent foreign workers from sustaining the period of permission without restriction.