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(영문) 서울행정법원 2017.07.07 2016구합71997
외국인근로자 고용허가 취소처분 등 취소
Text

1. From August 8, 2016, the period of restriction on employment of foreign workers against Plaintiff A farming association corporation was from August 5, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiffs are all corporations established with the primary purpose of producing, selling, distributing, etc. all gabling mushrooms.

B. Meanwhile, in order to promote the smooth supply and demand of human resources and the balanced development of the national economy by systematically introducing and managing foreign workers, the Act on the Employment, etc. of Foreign Workers (hereinafter “Foreign Workers Employment Act”) implements the employment permit system for foreign workers. The main contents of the system are as follows.

1) The Policy Committee on Foreign Human Resources (the “Policy Committee”) under the jurisdiction of the Prime Minister to deliberate and resolve on important matters concerning the employment management and protection of foreign workers.

A person who intends to employ a foreign worker (Article 4(1)2 of the Foreign Employment Act) shall apply for the preferential recruitment of nationals to a local employment and labor administration agency (hereinafter referred to as “local employment and labor administration agency”) and may apply for the employment permit of foreign workers to the head of the local employment and labor administration office if he/she fails to employ a worker even after receiving a job placement from the local employment and labor administration office.

Upon receipt of an application for employment permission for a foreign worker, the head of a regional employment office shall recommend an employer who meets the requirements prescribed by Presidential Decree, such as the type and scale of business for the introduction of foreign workers, from among those registered in the list of foreign job seekers, and shall grant employment permission without delay to an employer who has selected an eligible person recommended accordingly, and issue a written employment permit for foreign workers

(Article 6(1), Article 8(1), (3), and (4) of the Foreign Employment Act, and Article 2-2 subparag. 1 of the Employment Security Act). 3 The head of a regional labor office may revoke the employment permit for a foreign worker where the employment permit for a foreign worker has been obtained by fraudulent or other illegal means, and employ a foreign worker without the employment permit for a foreign worker, or fraudulent or other unlawful means.

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