Ruling on a Departure Order Issued to a Person Who Entered on Working Holiday (H-1) Status

Who this helps

This may be a useful reference for people curious about a departure order issued for illegal work by someone on working holiday (H-1) status.

Case overview

Case number

2025구단52529

Court

Seoul Administrative Court

Posted on original board

Jul 21, 2025 (Mon)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

[일반] 관광취업(H-1) 체류자격으로 입국한 원고가 불법취업 하였다는 이유로…

A person who entered on Working Holiday (H-1) status received a departure order on the grounds of illegal employment, and a lawsuit was filed over the order.

How does a court judge a departure order for illegal work by someone on a working holiday visa?

A person who entered on working holiday (H-1) status received a departure order for illegal work, and a lawsuit followed. The dispute was whether the work went beyond what that status allows. The court looked at the job duties, the working hours and pay, and how the status was obtained. It found it hard to say the work went beyond the permitted scope.

How the court ruled

The court examined the nature of the work, working hours and pay, and how the person came to obtain the status. As a result, it found it difficult to conclude that the work went beyond what Working Holiday status allows.

What to check in a similar situation

The nature of the work and the scope of the status behind a departure order can be checked with the immigration and foreigner offices. The progress of a lawsuit and the judgment text can be checked with the court.

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

Terms explained

working holiday status

A residence status that lets a person travel while also doing work within a certain scope.

departure order

An administrative measure telling a foreign national to leave the country, for reasons such as activities that do not match their status.

illegal employment

Working beyond the scope that a residence status permits. Whether the work here could be seen that way was the point in dispute.

More rulings on this topic

• Suit to confirm no duty to pay Immigration Act fine under notification disposition inadmissible · Seoul Administrative Court
• Case on whether a decision rejecting an objection to a detention order can be challenged in court · Seoul High Court
• Court revokes repeated extensions of exit ban · Seoul Administrative Court

See all 18 rulings on Departure Orders, Deportation & Enforcement →

Frequently asked questions

Who filed the lawsuit?

A person who entered on working holiday (H-1) status and received a departure order for illegal work filed the lawsuit.

What did the court look at?

It looked at the job duties, the working hours and pay, and how the status was obtained. It then found it hard to say the work exceeded what the status allows.

Does this result apply directly to similar cases?

No. This is the court's judgment in that case and does not apply directly to other cases.