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(영문) 대전지방법원 2020.06.16 2019나114704
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant is three million won for the plaintiff.

Reasons

1. The reasoning for this part of the basic facts and the Plaintiff’s assertion is that of the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. As to whether the Defendant is obligated to confirm the validity period of the job seeking and obtain the employment permit within that period, the Plaintiff entered into an employment contract with the business operator who filed an application for employment permission within the validity period of the job seeking registration, and the business operator obtains the employment permit from the Ministry of Employment and Labor, and accordingly, obtain the change of the workplace under Article 21 of the Immigration Control Act, upon receiving the employment permit from the Ministry of Employment and Labor.

Therefore, in order for a foreign worker who has applied for change of workplace to provide labor under a labor contract, it is essential to receive an employment permit after concluding a labor contract.

According to Gap 7's letter of job placement, "1. This letter of good offices shall be valid for three days from the date of good offices," in the back of the foreign worker placement certificate sent by the Ministry of Employment and Labor to the defendant, and even if during the period of good offices, the result shall be immediately notified to the competent employment center according to the following forms, and the period of good offices shall be equal. 7. A foreigner must obtain employment permission and change of workplace from the employment department (employment Center) and the Ministry of Justice (the Immigration Office) within three months from the date of application for change of workplace, and confirm "the period of validity of job registration" of the certificate of job placement registration and confirm the "the period of validity of job placement registration" of the certificate of job placement registration to the plaintiff who is a foreign worker, and the latter part of the certificate of job placement registration issued to the plaintiff shall be subject to the permission for change of workplace under Article 21 of the Immigration Control Act.

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