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

A. On November 6, 2007, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Sri Lanka, who works in the Republic of Korea on November 6, 2007, and the Plaintiff’s employment period expires on November 5, 2010.

B. From November 6, 2007 to March 2, 2009, from April 22, 2009 to April 12, 2010, from D to April 26, 2010, from April 26, 2010 to July 7, 207, the Plaintiff served respectively in E from September 16, 2010 to November 5, 200.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's assertion

The plaintiff was promised to re-employment for the next two years while becoming a member of E. However, he/she collected the fact that Article 14-2 (1) of the Enforcement Rule of the Act on the Employment, etc. of Foreign Workers, which was revised on April 12, 2010, was amended to request the re-employment permit to be "not later than 45 days before the expiration of the employment activity period" by a foreign worker. The plaintiff's request for re-employment permit can be extended only before the expiration of the period of employment, and the above (not later than 45 days before the expiration of the employment activity period) made a request for the extension of the employment activity period to the plaintiff after the expiration of the above period of employment. The defendant rejected the re-employment of the plaintiff. The defendant is the plaintiff's refusal of the re

B. Relevant statutes

It is as shown in the attached Form.

C. Determination as to the legitimacy of the instant lawsuit

On the basis of examining the legitimacy of the instant lawsuit ex officio, a lawsuit seeking a performance judgment ordering an administrative agency to take a certain administrative disposition under the Administrative Litigation Act is not allowed (see, e.g., Supreme Court Decision 97Nu3200, Sept. 30, 1997). The instant lawsuit constitutes a performance suit seeking permission for re-employment to the Defendant and is unlawful under the current Administrative Litigation Act.

3. Conclusion

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

Judges Eck-type Intervention

Judges Hong-seok

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.