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(영문) 창원지방법원 마산지원 2017.04.27 2016가단5293
손해배상(기)
Text

1. The Defendant’s KRW 12,595,00 and the Plaintiff’s annual rate of KRW 5% from May 5, 2016 to April 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered the Republic of Korea with the approval of non-professional employment (E-9) visa from March 25, 2013 to April 30, 2016 as a foreigner of the Republic of Korea’s nationality. On December 27, 2013, the period between the Defendant and the Defendant was set at KRW 1,145,00,00 for the monthly ordinary wage from December 27, 2013 to April 29, 2016, and entered into a labor contract on the same day.

B. From December 2015, the Plaintiff requested the Defendant’s representative director to grant a non-natural funeral on several occasions, and each time the Defendant’s representative director respondeded to “to do so.”

C. Around April 2016, the Defendant’s employees visited the Changwon of the Busan Regional Employment and Labor Agency to apply for re-employment permission to extend the Plaintiff’s employment period. However, on March 31, 2016, the Defendant did not apply for re-employment permission with the knowledge that it is impossible to obtain re-employment permission due to the retirement of domestic workers and delayed payment of wages, and the Defendant notified the Plaintiff that it is impossible to do so.

Ultimately, the plaintiff's employment period was expired on April 30, 2016.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 and 2 evidence, Eul's testimony, fact inquiry results against the head of the Busan Regional Employment and Labor Office, the purport of the whole pleadings

2. Determination as to the cause of action

(a) A foreign worker under Article 18 of the Act on the Employment, etc. of Foreign Workers may engage in job-seeking activities within three years from the date of entry into the Republic of Korea;

Article 18-2 (Special Cases concerning Restriction on Period of Employment Activities) (1) Any of the following foreign workers may be extended only once to the extent that the period of employment is less than two years, notwithstanding Article 18:

1. A foreign worker employed by an employer who has obtained another employment permit under Article 8 (4) and whose period of employment under Article 18 expires and who has made it known to the Minister of Employment and Labor before departure from the Republic of Korea;

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