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(영문) 대구지방법원 서부지원 2016.12.09 2016고정782
직업안정법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of dispatching workers, etc. in Yeongdeungpo-gu Seoul Metropolitan Government and engaged in labor supply business, and Defendant A is a person in charge of all the duties of evaluating, and managing employees while working as a personnel manager at the Daegu branch of the above company located in Daegu-gu Seoul Metropolitan Government F.

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

1. On November 13, 2015, Defendant A, at the Daegu Branch Office Office of the above company, concluded a labor contract with a fixed period of time, such as entering into an employment contract on a yearly basis, and entered into an employment contract on an annual basis, Defendant A advertised job offer as “G” in the website “Worknet” and entered the phrase “employment form” in the “employment form” column.

As a result, the defendant presented false job offer conditions to job offer advertisements.

2. Defendant B, a corporation, committed an act in violation of the above paragraph (1) in relation to the Defendant’s business at the same time and at the same place as the above Paragraph (1).

Summary of Evidence

1. Legal statement of the witness H;

1. The suspect interrogation protocol of the defendant A by the police;

1. Application of Acts and subordinate statutes to ask for an investigation on suspicion of violating the Employment Security Act (including attached G (record No. 10 through 14 pages) and each employment contract (including records No. 52 through 64 pages);

1. Defendant A: Article 47 subparagraph 6 of the Employment Security Act and Article 34 (Selection of Fine) of the Employment Security Act; Articles 49 and 47 subparagraph 6 of the Employment Security Act and Article 34;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant B Daegu Branch Co., Ltd. is to “the Worknet”.

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