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울산지방법원 2019.07.17 2018가단7732
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they were employed by the defendant company as a foreign worker around March 20, 2017. In this case, the defendant could no longer work in the Republic of Korea due to the expiration of the period of sojourn, on the wind that the above extension application was rejected due to the situation of the defendant company (the two Korean nationals of the defendant company were dismissed due to the temporary retirement of the two Korean nationals of the defendant company) although they applied for the extension of the period of employment permit directly to the Minister of Employment and Labor or by the plaintiffs four months prior to the expiration of the period of employment permit.

Therefore, since the plaintiffs suffered losses from the job employed in the Republic of Korea due to the defendant's wrong fact that they did not obtain permission to extend the period of stay in the Republic of Korea, the defendant is obligated to pay the plaintiffs the monthly average income of KRW 44,000,000 (=2,000 per plaintiff's average monthly income of KRW 2,00,000 x 22 months) as damages.

(In favor of the Plaintiff’s assertion as above) 2. Judgment

A. According to the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”), an employer and a foreign worker who obtained an employment permit may enter into or renew an employment contract within the period prescribed in Article 18 according to the agreement between the parties (Article 18(2)), and a foreign worker may engage in employment activities within the scope of three years from the date of entry (Article 18). Notwithstanding Articles 18 and 18, a foreign worker may be extended only once for less than two years (the main sentence of Article 18-2(1)). Article 18-2(1) of the same Act is a foreign worker employed by an employer who obtained an employment permit under Article 8(4) and is employed by the employer who has obtained an employment permit under Article 18(4) before departure.