근로기준법위반
The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the facts charged in the instant case is that the Defendant, while working in F (hereinafter “F”) from 197 to 2005, was elected as the chief of the General Affairs of the Korea Labor-General G branch, from January 1, 2008 to the chief of the said branch, and from March 1, 2008 to the head of the said branch, he participated in the employment of another person for profit by receiving five million won from K upon the request of the J who wishes to be employed as F, upon the request of the J on February 13, 2008, when he was in a position of exercising de facto influence over the employment of F driver.
2. The first instance court found the Defendant not guilty on the ground that it is insufficient to recognize the “the Defendant engaged in an act of interference in another’s employment for profit,” even if the first instance court’s determination was based on the above request and delivered KRW 5 million to the Defendant, it does not immediately mean that the Defendant violated Article 9 of the Labor Standards Act, and on the premise that the fact that the Defendant engaged in an act that affects the establishment or renewal of labor relations, such as the introduction and intermediation of employment, can be punished only when it is proved.”
3. The summary of the grounds for appeal (fact-finding) received 5 million won from K upon K’s request for employment and participated in the employment of others for profit, as stated in the instant facts charged.
4. In light of the legislative purport of Article 9 of the Labor Standards Act and the relevant legal provisions such as the Employment Security Act comprehensively, the act of “the intervention of another person’s employment for profit” under the said provision, namely, the act of a third party affecting the establishment or renewal of a labor relationship by introducing or arranging another person’s employment for profit, includes the act of receiving money and valuables in return, while allowing a third party to arrange the employment of a person who wants to be employed, and the act of receiving money and valuables in return.