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(영문) 대전지방법원 홍성지원 2013.04.09 2012고정367
직업안정법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a Korean farm in Chungcheongnam-gun budget group C.

No person who recruits workers shall place any false job offer advertisement or present any false job offer condition.

Nevertheless, the Defendant, on August 27, 2012, called the National Pension Service, Industrial Accident Insurance, and Health Insurance to the Job Center of Pyeongtaek-si, despite the absence of an intention to purchase the National Pension Service, Industrial Accident Insurance, and Health Insurance, the Defendant made a phone call to the Employment Center of Pyeongtaek-si, and made a job offer advertisement on the work site operated by the Ministry of Employment and Labor, with the content of “type of occupation: Simple employees related to agriculture, forestry, and fishery: one person: one person: one person; one wage rate of 2 million won per month; and two million won per month: D, pension 4 major insurance: National Pension Service, Industrial Accident Insurance, and Health Insurance.”

As a result, the defendant presented false job offer conditions while recruiting workers.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and F;

1. Written accusation (excluding the part of a report on four pages);

1. Application of Acts and subordinate statutes to investigation reports (or counter-investigation into the Pyeongtaek-si Job Center G);

1. Article 47 subparagraph 6 of the Employment Security Act and Articles 34 (1) of the same Act concerning the relevant criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant attempted to employ a person on condition that he/she will buy four types of insurance in accordance with the content of the job offer advertisement as indicated in the facts charged in the instant case, but it appears that the physical size, age, etc. of E, which reported the job offer advertisement at the time, could not work for a stock farm because it was difficult to do so, and returned to the purport that he/she does not accept four types of insurance in order to refuse employment without the awareness of the mind of E, and did not suggest any false job offer condition at the Worknet.

2. We examine the judgment. The above.

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