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(영문) 대전지방법원 2018.01.30 2017구단34
외국인근로자 사업장변경신청 접수거부 처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On October 13, 2015, the Plaintiff was issued a job seeking registration certificate (term of validity of job seeking registration: from October 16, 2015 to January 16, 2016) upon filing an application for change of the place of business of a foreign worker with the Defendant on October 16, 2015, when entering the Republic of Korea on April 1, 2015 and serving in the treatment-V for a foreign worker company.

On January 11, 2016, the Plaintiff was issued a job-seeking registration certificate (the term of validity of job-seeking registration: from October 16 to January 29, 2016) whose term of validity is extended on the grounds of applying for extension of the period of change of place of business on the grounds of disease.

B. On January 27, 2016, the Plaintiff: (a) assisted the Defendant as an eligible place of business, and served in the Nonparty Company as an employee of the Nonparty Company; (b) made an employment report within the job-seeking period to the employees of the Nonparty Company; and (c) issued all documents necessary for the employment report.

C. On February 4, 2016, the employee of the non-party company visited the Defendant’s office, the expiry date of the job seeking period, and asked the person in charge of the issuance of the employment permit. The Defendant officer provided a verbal guidance to the effect that the issuance of the employment permit is impossible due to the Plaintiff’s excessive validity period of the registration of job seeking (hereinafter “instant guidance”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. According to the Defendant’s alleged Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”), a person who may enter into an employment contract with a foreign worker and apply for the issuance of an employment permit is a “employer” and the Plaintiff cannot be a subject of an application for an employment permit (permission for change of place of business) under the Foreign Workers Employment Act and a disposition.

Even if the plaintiff asserts, the employee of the non-party company asked the defendant about the employment report.

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