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The defendant shall be innocent.
Reasons
A person who provides job placement services, recruits workers, or engages in such services shall not place a false job offer advertisement or suggest false job offer conditions.
Nevertheless, around January 13, 2015, the Defendant posted a job offer advertisement stating that “405 employees (on the basis of 2014) are “405 persons” (on the basis of 2014), “300-32 million won,” “300-32 million won,” “regular workers, personaltons, transfer, and transfer,” and “five days per week (5 days per month or gold)” at the office of “D,” which was operated by the Defendant of the fifth floor of Seocho-gu Seoul Metropolitan Government building C.
However, in fact, the defendant recruited students to receive paid education in disguise of job offers and had completed paid education through mobile app services, and did not have 405 employees as of 2014, and there was no idea that the defendant would pay 300-32 million won for benefits.
As a result, the defendant placed false job offer advertisements or presented false job offer conditions by pretending job offer.
Judgment
According to Article 4 subparagraph 6 of the Employment Stabilization Act, the term "solicitation" means that a person who intends to employ a worker solicits a person who intends to employ a worker to be employed or has another person recommend him/her to do so. In light of the purpose of the Employment Stabilization Act is to promote the employment security of workers, the Employment Stabilization Act is a person who is obligated to provide labor to an employer in a subordinate relationship and is entitled to receive compensation in order to be punished as an "person who recruits workers or a person who is engaged in such business" as an actor, such as false job offering advertisements prohibited by Article 34 (1) of the same Act. In order to be an "person who recruits workers or a person who is engaged in such business", the person who is recruited by him/her must be a person who has an obligation to provide labor
It should be seen as follows.