logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.06.14 2018누10673
외국인근로자 사업장변경신청 접수거부 처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this part of the disposition are as stated in the reasoning of the judgment of the court of first instance, except as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 2, 14 of the inquiry of "the inquiry of this case" (hereinafter referred to as "the inquiry of this case")

(i)the person is friendly to "B";

2. Judgment on the defendant's main defense

A. The Defendant’s assertion 1) The instant guidance merely provides a verbal guidance to the effect that the term of validity of the Plaintiff’s registration of job seeking with respect to the instant inquiry of the employee of the non-party company is expired and that the issuance of an employment permit is not possible, and thus, it cannot be deemed as a rejection disposition subject to appeal.

B) Even if the instant guidance is assumed as a rejection disposition subject to appeal litigation, the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”).

According to the above, the right to apply for the issuance of an employment permit is recognized only to the employer and the right to apply for the issuance of the employment permit is not recognized to the foreign worker. The plaintiff's right to apply for the issuance of the employment permit is not recognized. 2) The plaintiff's assertion is that the non-party company's employee found the defendant with all the documents necessary for the employment report and asked about the issuance of the employment permit is an act of applying for the employment permit. The defendant's person responsible for the defendant's instruction that the validity of the registration of the plaintiff's job seeking is too excessive and that the issuance of the employment permit is impossible can be deemed as the rejection of the employment permit. Thus, the pertinent guidance constitutes a rejection disposition that is subject to appeal litigation. (B) The provision that permits the change of the business or the place of business of the Foreign Employment Act

arrow