Ruling cancels refusal to extend period of stay on the ground that the restaurant is not a foreign-food specialty restaurant

Who this helps

This may help people curious about cases where an extension of stay under a specific-activity status was refused over the type of restaurant they work at.

Case overview

Court

Incheon District Court

Posted on original board

Nov 17, 2015 (Tue)

Topic

Stay Status & Period of Stay

Original title (Korean)

외국인인 원고가 근무하는 음식점이 외국음식 전문식당이라는 이유로 체류기간 연장불허 처분을 취소한 사례

The plaintiff, a Chinese national, applied to extend the period of stay under the specific activities status of stay, which is recognized for people working at a foreign-food specialty restaurant. The authority that made the decision refused the extension on the grounds that the restaurant where the plaintiff works is not a foreign-food specialty restaurant.

Is it unlawful to refuse a stay extension because the restaurant is said not to be a foreign-food specialty restaurant?

The plaintiff, a Chinese national, applied for an extension under a specific-activity status recognized for work at a foreign-food specialty restaurant. The authority refused, saying the restaurant was not one. The court noted that it was registered and reported as a Chinese restaurant, its signboard said Chinese cuisine, and it sold other Chinese dishes besides lamb skewers. It therefore treated the restaurant as a foreign-food specialty restaurant and cancelled the refusal.

How the court ruled

The court took into account that the restaurant completed its business registration and business operation filing as a Chinese restaurant, that its signboard says Chinese cuisine, and that it sells other Chinese dishes besides lamb skewers. It therefore found the restaurant to be a foreign-food specialty restaurant and cancelled the decision refusing to extend the period of stay.

What to check in a similar situation

Immigration and foreign-resident offices can confirm what materials they look at when judging the nature of a restaurant in an extension review. Courts can confirm how a challenge to such a refusal proceeds.

• Extending your period of stay
• Changing your status of stay
• Find your immigration office
• Contacts: Immigration Contact Center 1345

Terms explained

specific-activity status

A status of stay granted to foreigners who carry out a set, specified activity. Here, work at a foreign-food specialty restaurant was in question.

extension of stay

An application to remain longer before the permitted period of stay ends.

cancellation of a disposition

When a court removes the legal effect of an administrative decision it finds wrong.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date · Seoul Administrative Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

Who brought the lawsuit?

A Chinese national sued to have the refusal to extend the period of stay cancelled.

How did the court decide?

It considered the business registration and report, the signboard and the food sold, treated the restaurant as a foreign-food specialty restaurant, and cancelled the refusal.

Does this result apply as-is to similar cases?

No. It is the court's judgment in that case and does not apply as-is to other cases.