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(영문) 의정부지방법원 2018.08.23 2018구합11024

고용허가서미발급결정처분무효확인

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On January 26, 2017, the head of the Daegu Regional Labor Agency issued a restriction on employment of foreign workers for one year (from January 26, 2017 to January 25, 2018) pursuant to Article 20(1)4 of the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Employment Act”) and Article 25(2) of the Enforcement Decree of the same Act on the ground that the Plaintiff provided foreign workers with labor outside the business or workplace specified in the employment contract (hereinafter “the primary restriction on employment”).

On November 24, 2017, public officials belonging to the Busan Regional Employment and Labor Office discovered that the Plaintiff employed foreign workers on May 9, 2017 at the inspection of the construction site of the Mamasan Underground Motor Vehicle, which is the Plaintiff’s workplace, without obtaining employment permission.

Accordingly, the head of the Busan Regional Employment Agency, following the notice of the submission of opinions and the prior notice of disposition to the Plaintiff on December 14, 2017 and January 15, 2018, stated on January 26, 2018 to the Plaintiff that “the employment of foreign workers shall be restricted for two years from the date of notification, such as attached to the Plaintiff.” The term “the employment restriction period” in the notice of employment restriction for foreign workers attached to the notice of disposition restriction attached to the above notice of disposition restriction refers to the period from January 27, 2018 to January 26, 2020; the Defendant’s name and the Defendant’s official seal at the lower end indicated as “the date of February 1, 2018.”

The "Secondary Employment Limitation Disposition" is a disposition by the notice of the above Restriction Disposition.

(1) On January 26, 2018, the Plaintiff filed an application with the Defendant for an employment permit and issuance of an employment permit with respect to 20 foreign workers, and on January 26, 2018, the Defendant issued the Plaintiff a certificate of application for the employment permit and a letter of intermediation recommended by 25 foreign workers A, etc., indicating that the Plaintiff verified the requirements for issuance of the Plaintiff’s employment permit.

Accordingly, the Plaintiff entered into an employment contract with 16 foreign workers recommended on January 26, 2018, and thereafter, to the Defendant.