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(영문) 창원지방법원 2014.08.14 2014가합30087
근로계약 이행 청구
Text

1. The defendant shall pay 8,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On September 7, 2012, to November 14, 2013, the Plaintiff obtained the employment permit for foreign workers as foreigners of the nationality of Bangladesh, and served as a production worker in C at the machinery and equipment manufacturing company operated by the Defendant.

B. B. Before entering into a labor contract, the Defendant applied for re-employment permit to the Ministry of Employment and Labor, and agreed to enter into a labor contract with the period of one year and ten months for extension of the period of employment. On November 5, 2013, the Plaintiff and the Defendant, around November 15, 2013, drafted a standard labor contract with the period of employment contract as of November 14, 2015, when the period of employment permit expires to the Plaintiff.

C. However, the re-employment permit was not granted, and the Plaintiff’s employment period was terminated on November 14, 2013.

According to Article 18 of the Act on the Employment, etc. of Foreign Workers (hereinafter referred to as the “Act”), a foreign worker may engage in employment activities within three years from entry into the Republic of Korea. According to Article 18-2(1) of the Act, a foreign worker who has requested the re-employment permit to the Minister of Employment and Labor may be extended only once to the extent of less than two years. According to Article 9(3) and (4) of the Act, an employer who has obtained employment permit under the Act and a foreign worker may enter into an employment contract within the period of the first three

Article 14-2 (1) 4 of the Enforcement Rule of the Act delegated by Article 18-2 (2) of the Act requires an employer to attach a copy of the standard employment contract when the employer requests re-employment permission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant performed an extended employment contract for one year and ten months after the expiration of the existing employment contract as agreed to the plaintiff, and the plaintiff's damage caused by the failure.

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