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(영문) 서울행정법원 2017.05.10 2017구단3437
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 acquired the status of stay of a specific activity (E-7) on November 14, 2014 as a foreigner of the nationality of the People's Republic of China (hereinafter referred to as "China"), and served from around that time to November 2016 as an agent of Seoul Food Service B (hereinafter referred to as "the instant business establishment").

B. On November 28, 2016, the Plaintiff filed a petition with the Ministry of Employment and Labor for the payment of overdue wages with C, the employer of which is the Seoul Regional Employment and Labor Office.

C. On January 4, 2017, when the Plaintiff was unable to continue to work at the instant place of business, the Plaintiff filed an application for change of status of stay with the Defendant for job seeking (D-10), and the Defendant rendered a decision of rejection on January 13, 2017 on the ground that “other reasons, such as failure to meet the requirements, etc.” (hereinafter “instant disposition”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff entered into an employment contract and went away from the instant workplace due to his/her failure to receive wages while working, and in this case, the change of status of stay should be permitted as a job-seeking (D-10). Therefore, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Article 12 [Attachment 1] Article 18-2 (a) of the Enforcement Decree of the Immigration Control Act provides that the status of stay for job-seeking (D-10) shall be "persons recognized by the Minister of Justice, who intend to engage in training or job-seeking activities to be employed in the field corresponding to the sojourn status (excluding employees of public performance establishments determined by the Minister of Justice from among the sojourn status of art entertainment (E-6)) from the E-1 to the specific activity (E-7)." While the Minister of Justice wishes to continue to be employed in the field of job-seeking (D-10) from the professor (E-1) to the specific E-7, the renewal of the employment contract or other workplace shall not be sought prior to the expiration date of the sojourn period.

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