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(영문) 수원지방법원 2015.10.20 2014구합6563
사업장변경허가신청불허처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea on October 19, 201, with the status of non-professional employment (E-9) sojourn on the basis of the Republic of Korea, and worked at a domestic company, such as the Gangwon East Air conditioning Corporation, a stock company, and a Mouri Slus, etc. from around that time, retired from the Republic of Korea on April 22, 2014 due to

B. On May 19, 2014, while continuing job-seeking activities, the Plaintiff filed an application for change of the job-seeking certificate with the Cheongju Employment Center, which is an employment security office under the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”), and issued the registration certificate of foreign job-seeking with the effective period from May 19, 2014 to August 19, 2014. After that, the Plaintiff filed an application for change of the job-seeking certificate with the Cheongju Employment Center, which is an employment security office, for extension of the effective period of the job-seeking registration, and finally issued the registration certificate of foreign job-seeking to extend the effective period of the job-seeking registration to October 18, 2014, which is the expiration date of the Plaintiff’s employment security office, but in the end, failed to work within the pertinent effective period.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. On September 16, 2014, the Plaintiff filed an application for change of place of business to the Defendant, but asserted that the Defendant rejected such application and sought revocation of the disposition of disapproval, the Defendant asserted to the effect that the instant lawsuit is unlawful on the grounds that there was no fact that the Defendant made the same disposition as the Plaintiff’s assertion.

B. Therefore, according to Article 25(1) of the Foreign Employment Act and Article 16(1) of the Enforcement Rule of the same Act, in order for a foreign worker to change his/her business or place of business, he/she must submit an application for change of the place of business to the head of the competent employment security office where the place of business is located.

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