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(영문) 서울남부지방법원 2020.06.04 2019노352
직업안정법위반등
Text

The judgment of the court below (including the acquittal part of the reasons) shall be reversed.

Defendant shall be punished by a fine of one million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) It does not indicate the job offerer’s identity as to the advertisement on the facts charged on the Defendant’s website, but does not make a false job offer. In addition, there is no intention to violate the Employment Security Act, and the judgment of the court below which found the Defendant guilty of a part of the charges of violating the Employment Security Act, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Although it is reasonable to view that advertisements on the facts charged on the website are advertisements of sexual traffic business places, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, even though it is reasonable to view that the Defendant was aware of the facts charged, which are included in the facts charged, are advertisements of sexual traffic business places, and by misapprehending the legal principles on the charges of violating the Employment Security Act and the Punishment of Arrangement of Commercial Sex Acts.

2. Determination

2. The term "free job placement service" means a job offerer or job offerer to arrange the formation of an employment contract between job offerers and job seekers by searching for job seekers or job offerers, or recruiting job seekers upon receiving an application for a job offer or job seeking; 4. The term "free job placement service" means job placement service provided without receiving any fee, membership fee, or other money or goods; 5. The term "free job placement service" means a job placement service other than free job placement services; 8. The term "business providing job information" means a business providing vocational information, such as job placement and job seeking information, through newspapers, magazines, other publications, wire or wireless broadcasts, computer networks, etc.

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