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(영문) 광주지방법원 2019.01.10 2017구합13585
거부처분 취소의 소
Text

1. The Defendant’s rejection disposition against the Plaintiff on September 19, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. Article 1 of the Act on the Employment, etc. of Foreign Workers, which outlines the employment permit system for foreign workers (hereinafter “Foreign Workers Employment Act”), was established to promote the smooth supply and demand of human resources and the balanced development of the national economy by systematically introducing and managing foreign workers (Article 1 of the Foreign Workers Employment Act). To this end, the foreign worker employment permit system is implemented. The main contents of the system are as follows.

1) A person seeking to employ a foreign worker shall be a local employment and labor administrative agency (hereinafter referred to as “local employment and labor office”).

The head of a local labor office shall apply for the recruitment of foreign workers with priority to the application for the recruitment of nationals and may apply for the employment permit of foreign workers to the head of the local labor office. Upon receipt of the application for the employment permit of foreign workers, the head of a local labor office shall recommend an eligible person from among those registered in the list of foreign workers, such as the type and scale of business to introduce foreign workers, and shall, without delay, grant the employment permit to the user who has selected the eligible person recommended accordingly, issue the employment permit stating the name, etc. of the selected foreign worker (Articles 6(1), 8(1), (3), and (4) of the Foreign Workers Employment Act, Article 2-2 subparag. 1) of the Employment Security Act, and Article 2-2(2) of the Enforcement Decree of the Foreign Workers Employment Policy Act (hereinafter referred to as the “Policy Committee”) under the jurisdiction of the Prime Minister to deliberate and resolve on the important matters concerning the employment management and protection of foreign workers (Article 4(1) of the Foreigner Employment Policy Act), and the type and scale of business eligible for the employment permit of foreign workers (Article 3(1).

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