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(영문) 의정부지방법원 2019.03.26 2018구합16142

사업정지2개월처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is engaged in fee job information providing business using “C (C),” “D (D),” “E (E),” and “F (F)” as the Internet homepage in the trade name of “B.”

After investigating the case of reporting the violation of the Employment Security Act against the Plaintiff, on September 28, 2018, the Defendant rendered two-month disposition suspending the business (hereinafter “instant disposition”) against the Plaintiff on the ground that the job offerer’s name, name, address, contact number, etc. is unclear, and the job offerer’s name, address, contact number, etc. are published in the Internet homepage for providing the above job information.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case as to the legitimacy of the disposition of this case as a whole, shall not be published in the Internet homepage job offering advertisement column by posting the job offerer's name and trade name as well as the name, address, and telephone number of the person in charge of employment on the Internet homepage after being subject to a disposition of business suspension for one month from the defendant on October 17, 2017.

Therefore, the instant disposition is unlawful because there is no ground for disposition.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 25 of the Employment Security Act delegates to the Presidential Decree the matters to be observed by the person who runs the business providing employment information, and accordingly, Article 28 subparagraph 1 of the Enforcement Decree of the Employment Security Act provides that "no job offer advertisement in which the identity of a job offerer is uncertain because the name of the job offerer (or the name of the job offerer) is not written or because the job offerer's contact information is marked as a letter box,

In addition, according to Article 36 (1) of the Employment Security Act, if a person who runs business providing employment information is likely to undermine public interest, and such matters to be observed are violated, such measures as suspension of business may be taken.