beta
(영문) 대구지방법원 서부지원 2015.12.04 2015고정887

파견근로자보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation located in Si interest-si B, who runs the temporary agency business, etc. using approximately 30 full-time workers.

A temporary work agency business shall, except for the direct production process of manufacturing business, carry out the business prescribed by Presidential Decree that is deemed appropriate in consideration of specialized knowledge, technology, experience, the nature of business, etc.: Provided, That the temporary work agency business shall not carry out a temporary agency business for workers in the direct production process of manufacturing business except where a vacancy occurs due to childbirth, disease, injury, etc. or it is necessary to secure human

Nevertheless, even if a vacancy occurs due to childbirth, disease, injury, etc. or it is not necessary to secure human resources temporarily or intermittently, the defendant employed 29 persons such as D, etc. from November 1, 2014 to April 21, 2015 as stated in the attached Form, and dispatched it to the Daegu Seogro 22 (Hamsan-dong), thereby engaging in the work of direct production of the manufacturing industry, which is not subject to temporary dispatch of workers, to conduct the work of temporary work agency.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each contract and each ledger for management of dispatched employees;

1. Application of the employee management ledger (C) and the Acts and subordinate statutes governing commuting to and from work of a stock company;

1. Relevant Article 43 of the Act on the Protection, etc. of Temporary Agency Workers, and Articles 43 subparagraph 1, 5 (5) and (1) of the Act on the Protection, etc. of Temporary Agency Workers

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;