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(영문) 부산지방법원 2017.07.05 2016고정3905
직업안정법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a paid job placement office in Busan Jung-gu, which is called "D", and any person who intends to operate a paid job placement business in Korea shall register with the head of Si/Gun/Gu having jurisdiction over the location of the principal business office.

Nevertheless, on July 15, 2015, the Defendant received 200,000,000 won from the Line G of Jeju Shipping F in the crew accommodation located in Jeju, and introduced H, I, and J to the above G, a job seeker, without registering a paid job placement business to the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement concerning witness G;

1. Seafarer labor contract (the defendant and his defense counsel received KRW 2 million from G by having the defendant on board the G's fishing vessel and receiving KRW 2 million from G, but this is merely paid as flight charges and expenses because the defendant left Jeju-do to Jeju-do, and it is not paid as flight charges and expenses. The defendant is a taxi engineer and does not operate a fee job placement office.

However, according to the evidence duly adopted and investigated by the court, the fact that the job seeker was offered to G without registering the paid job placement business to the competent authority, as stated in the facts constituting the crime in the judgment of the defendant, is sufficiently recognized.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Article 47 subparagraph 1 of the relevant Act and Articles 47 and 19 (1) of the Act on the Stabilization of Employment and Stability of Punishment for Criminal Facts; Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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