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(영문) 인천지방법원 2017.05.18 2017고단703

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months.

25,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] On March 9, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of taking property in breach of trust at the Seoul High Court on March 13, 2017 and the above judgment became final and conclusive on March 13, 2017

[2] From October 1, 2013 to September 30, 2015, the Defendant, as the head of the headquarters of the Korean Democratic Trade Union D branch of metal labor union D (hereinafter “Private Partnership D branch”), took overall charge of the duties of the said branch.

The defendant, from among the workers who have worked in the primary cooperation business for at least one year, is employed on an average of the production workers (regular workers) through documentary examination, personal examination, interview, and physical examination. In the process, competition among the employment applicants is strong, and the defendant can exercise a big influence on the employees in charge of the personnel management in the branch of the public-private partnership D branch as above, he/she will arrange the employment by accessing the employment applicants and recommending them to recommend them as their clients.

At the same time, money was received under the pretext of employment compensation.

1. The case holding that on April 3, 2013, the defendant related to the job offeror E requested that E be employed as a full-time worker of D (State) labor in Bupyeong-gu, Incheon, and then requested that he be employed as a full-time worker of D (State) labor and management team of D (State) labor and management team of D (State) labor and requested that E be employed as a full-time worker of D (State), and on August 19, 2013, the defendant received the above request that he be employed as a full-time worker of D (State) labor and management team of D (State) labor and received employment from D (State) from D (State), from D (State), from G, the primary partner of D (State), who is a primary partner company of D (State), as above, from G, from the above company Bupyeong-gu, and received from G as a quasi-employed worker of D (State) at the first place in the above company Bupyeong-gu, Seoul Special Metropolitan City (State).

2. The Defendant, with regard to I, is the person who works in the production service of the above company at the head office of the branch office in the Bupyeong Factory D (State) around August 2015 through September 2015.