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(영문) 서울동부지방법원 2012.11.08 2011고정1477

직업안정법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

No person who conducts job placement services, recruitment of workers, or labor supply business, or who is engaged in such services, shall place a false job offer advertisement, or suggest false job offer conditions.

On February 4, 2008, the Defendant advertised “D” business entities in the fourth floor of the Seoul Gangdong-gu Seoul Metropolitan Government C building, and among July 3, 201, from around July 3, 201 to January 31, 201, the Defendant placed an advertisement for job offer, “to recruit guidance teachers engaging in online lessons to foreigners” through the Internet job offering site “albmon”, and “to recruit guidance teachers engaging in online lessons to foreigners” and “to pay 70,000 won on the day while performing the 2-hour game.”

However, in fact, the above job offer advertisement was stipulated as a condition for job offer to let the person who found the advertisement report open the cell phone for business through the "E" operated by the defendant.

As a result, the defendant advertised false job offer or presented false job offer conditions.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The police statement concerning F;

1. Written accusation by the head of the Seoul Regional Employment and Labor Office, Seoul Eastern Site;

1. A false job offering advertisement report prepared by the H, a civil petition document prepared by the F, and a false job offering advertisement report prepared by the G;

1. Recruitment of online reading guidance teachers;

1. G e-mail details;

1. An application for registration of business;

1. Application of statutes on business registration certificates;

1. Article 47 subparagraph 6 of the Employment Security Act and Article 34 (1) of the same Act concerning the crime;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was trying to recruit foreigners to teach the Korean language, and since the mobile phone opening is not essential to foreigners, advertisements that recruit guidance teachers to provide online lessons to foreigners are not false advertisements, but advertisements that offer “fortunates and pay 70,000 won on the day, while playing the 2-hour game.”