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(영문) 수원지방법원 2018.11.20 2017가단522910
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 and the Plaintiff’s annual rate of KRW 5% from July 26, 2017 to November 20, 2018.

Reasons

1. Basic facts

A. A. Around April 15, 2014, the Plaintiff, as Vietnam, entered the Republic of Korea with non-professionals (E-9) visa, and applied for business change to the Daejeon Regional Employment and Labor Office around December 27, 2016, when the term of employment with D expires.

The Plaintiff received a certificate of foreign job seeking registration from the competent employment center, and entered into an employment contract with the Defendant on or around March 7, 2017, with the recommendation of the relevant center, and worked as a steel-line worker from March 7, 2017 to April 13, 2017, with the following terms and conditions.

Name of employer: F (Representative Director of the Defendant Company): From March 7, 2017 to April 13, 2017: 4.190,000 won, daily wage: 160,000 won.

B. According to the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”), a foreign worker may apply for the change to another business or place of business, and a foreign worker who fails to obtain the permission to change his/her place of business within three months from the date of application must depart from the Republic of

In addition, a foreign worker may engage in employment activities within the scope of three years from entry into the Republic of Korea. If a foreign worker employed by an employer who has obtained an employment permit for a foreign worker and the employer requests the re-employment permit to the Minister of Employment and Labor before departure after the expiration of three years, the period of employment may be extended only once within the scope of two years (one year and ten months).

(Article 18 and 18-2 of the Foreign Employment Act). In this case, an employer who intends to obtain re-employment permission shall submit an application for extension of the employment period of a foreign worker whose employment period is not less than one month until the expiration date of the employment period to the foreign worker by seven days before the expiration date of the employment period

(Article 14-2 (c) of the Enforcement Rule of the Foreign Employment Act.

The defendant shall work in accordance with the above Acts.

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