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(영문) 수원지방법원 2015.01.14 2014구단2816
사업정지 및 과태료부과처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From July 31, 2006, the Plaintiff has operated a job placement office in the trade name of “C location” (hereinafter “C location”) in the wife population B in Young-si.

B. On July 23, 2014, the Defendant: (a) introduced job seekers under the age of 18 to the Plaintiff; (b) on the grounds that the Plaintiff did not receive a written consent from the person with parental authority or guardian of the instant minor regarding the introduction of D, E, and F (hereinafter “the instant worker”) to the H Logistics Center located in the wife population G (hereinafter “instant business establishment”) at the time of allowing the Plaintiff’s job seeker under the age of 18 (hereinafter “the instant worker”) on March 24, 2014, on the ground that the Plaintiff did not receive a written consent from the person with parental authority or guardian of the instant minor, the instant disposition of suspending business for two months (hereinafter “instant disposition”) under Article 36 of the Employment Security Act.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Eul evidence 4-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion (1) The plaintiff asserted the absence of grounds for disposition did not provide job placement services to the minors of this case.

(2) Considering that the Plaintiff’s deviation from discretionary power and assertion of abuse has been faithfully operated since its operation since 2006, and that the Plaintiff did not engage in job placement without the consent of a person with parental authority or guardian from the beginning, and that the Plaintiff’s violation of law is minor, etc., the instant disposition is unlawful by abusing the scope of discretionary authority.

B. (1) Determination of the absence of grounds for disposition (A) refers to the referral of employment contracts between job offerers and job seekers by searching or recruiting job seekers or job offerers at the request of a job offer or job seeking, and a free placement service, a fee, membership fee, or any other means.

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