Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful

Who this helps

This may help people curious about cases where a foreigner without work-eligible residence status was caught doing day labor once and received a departure order or a permit revocation.

Case overview

Case number

2024구단15681

Court

Seoul Administrative Court

Posted on original board

Jun 24, 2025 (Tue)

Topic

Stay Status & Period of Stay

Original title (Korean)

[출입국] 취업활동을 할 수 있는 체류자격 없이 일용노동을 1회 제공하던 중 적발된…

A foreigner without a status of stay permitting employment activities was caught while providing day labor once. A departure order and a residence permit revocation were issued against this foreigner, and a lawsuit was filed against these dispositions.

Can a departure order and permit revocation be unlawful when a foreigner was caught doing day labor once?

A foreigner without a residence status that allows work was caught providing day labor once. A departure order and a residence permit revocation were issued against this person. A lawsuit was filed over these measures. The court found that both measures violated the proportionality principle and were unlawful.

How the court ruled

The court found that the departure order and the residence permit revocation violated the principle of proportionality and were therefore unlawful.

What to check in a similar situation

The content and reasons of a departure order or permit revocation can be checked at the immigration office. Information on the lawsuit procedure for such measures can be checked at the court with jurisdiction.

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

Terms explained

Proportionality principle

This is the principle that an administrative measure may not go beyond what its purpose requires. Here, the court found that both measures broke this principle.

Departure order

This is an administrative measure ordering a foreigner to leave Korea within a set period.

Residence permit revocation

This is a measure in which an administrative agency cancels the effect of a residence permit already granted.

Residence status

This is a status that sets the range of activities a foreigner may do while staying in Korea.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · 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
• Court upholds refusal to approve a change of residence status sought for infertility treatment and similar reasons · Daegu District Court

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

Frequently asked questions

Which measures were at issue?

The departure order and the residence permit revocation issued to a foreigner without work-eligible residence status, after being caught doing day labor once, were at issue.

How did the court rule?

The Seoul Administrative Court found that both measures violated the proportionality principle and were unlawful.

Does this result apply directly to similar cases?

This is the court's judgment on that specific case. It cannot be seen as applying directly to other cases.