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(영문) 수원지방법원 평택지원 2017.04.12 2017고정46
파견근로자보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the C representative in Pyeongtaek-si B, who ordinarily employs 13 workers and operates human resources supply business.

A person who desires to operate a temporary agency business shall obtain the approval of the Minister of Labor.

Nevertheless, the Defendant entered into a human resources supply contract with E Co., Ltd. located in Pyeongtaek-si D without obtaining a worker dispatch business license, from August 14, 2012 to November 25, 2016, from Apr. 9, 2015 to Nov. 25, 2016, and from Aug. 11, 2016 to Nov. 25, 2016, the Defendant dispatched workers H to each of the above E Co., Ltd. to work.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A list of the supervision of the workplace;

1. Application of statutes to service contract contracts, business registration certificates, specifications of transactions, written confirmations, and C human resources management register;

1. Article 43 of the Act on the Protection, etc. of Workers Eligible for Voluntary Dispatching of Criminal Facts and Articles 43 subparagraph 1 and 7 (1) of the Act on the Protection, etc. of Workers, and 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;

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