1. Revocation of the first instance judgment.

2. On October 28, 2015, the Defendant’s disposition of denying the alteration of status of stay rendered to the Plaintiff is revoked.

Details of the disposition

On February 3, 2014, the Plaintiff, a national of the People's Republic of China, entered the Republic of Korea as a sojourn status for a specific activity (E-7), and worked as a cook at a restaurant in Jung-gu Seoul Metropolitan Government (hereinafter referred to as "place of work").

On June 3, 2015, the Plaintiff’s employer D reported the occurrence of the cause of employment change to the Defendant on the ground that the Plaintiff’s whereabouts is unknown.

Accordingly, on August 19, 2015, the defendant sent a summons to the plaintiff around that time, and the plaintiff's status of sojourn for specific activities was revoked because the plaintiff did not comply with it.

On August 20, 2015, the Plaintiff filed an application with the Defendant to change the status of stay in the qualification for job-seeking (D-10) on the ground that the employer delayed payment of wages.

On October 28, 2015, the Defendant rendered a decision not to grant the said application (hereinafter “instant disposition”) against the Plaintiff on the ground that “the recognition of the amount of money and valuables in arrear has been verified as KRW 133,044 and is reasonable to recognize it as the cause of leaving the workplace” (hereinafter “instant disposition”).

[Ground of recognition] The plaintiff's assertion of legitimacy of the disposition of this case as to Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, and the purport of the whole pleadings is unlawful since the plaintiff was subjected to unfair treatment by the employer, such as receiving wages below the minimum wage, etc., and then filed an application for permission to change the status of stay to the defendant in the qualification of job seeking (D-10). However, the defendant's disposition of this case, which rejected the plaintiff's mere suspicion that does not abuse the remedy system related to delayed payment of wages, is unlawful by abusing and abusing discretion.

Facts of recognition

On December 2, 2013, the Plaintiff entered into a labor contract with D, an employer, with the main contents of KRW 1.5 million per month of salary, 12 hours per day, and two paid holidays per month (hereinafter “first labor contract”). On February 3, 2014, the Plaintiff entered Korea on February 5, 2014, and worked at D’s workplace from February 5, 2014.

The plaintiff is a simple person.