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(영문) 인천지방법원 2017.04.20 2016고단7856
근로기준법위반
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From 1990 to early 2014, Defendant A was working for the production worker of H Co., Ltd. (hereinafter “H”), and Defendant A was working for H H H H H H H H H H H H H’s working worker at the same department as the Defendant.

H is engaged in the employment of production workers (regular workers) once an annual average through document screening, personal examination, interview, and physical examination only from among workers who have worked for at least one year in the primary cooperation (contract). As such, not only the competition for the employment of the primary cooperation company but also the competition between job applicants is strong in the process of employing the primary full-time workers.

On October 2015, the Defendant: “Around October 2015, the Defendant: (a) from I to H, H H H H H H H’s employment test (regular workers) was voluntarily conducted in the J, a primary contractor; and (b) H production workers in this year.

At present, upon request from B, who is the president of the newly changed Trade Union and N-friendly relationship between B and D, K is employed in 2016 as H regular appointment, and upon request, I demanded I to pay KRW 30 million in cash in return for the full-time employment of K.

On November 18, 2015, the Defendant involved in the employment of others for profit by receiving KRW 30 million in cash from I within the I's vehicle parked in the department store parking lot.

2. Defendant B is a person working for H from 1990 to October 2015, who has served as the head of the Democratic Nowon-gu metal labor union H branch from the 1990 to H.

On November 18, 2015, the Defendant received cash of KRW 20 million from A, along with a solicitation that “at the time of employment of production workers (regular workers) of H in Bupyeong-gu, Incheon at a mutual cafeteria located in Bupyeong-gu, Bupyeong-gu, Incheon, the Defendant received KRW 20 million from A, and then, at the time of employment (regular workers) of production in the year 2016, K is for profit-making by including it in the list of union labor union recommendations granted to the private sector.

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