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(영문) 서울행정법원 2017.07.18 2017구단63439
사업정지처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the following circumstances, the Plaintiff is subject to mitigation in light of the overall purport of the statement and the pleading.

In addition, the instant disposition cannot be deemed unlawful in violation of the principle of deviation, abuse, or proportionality due to the Plaintiff’s excessive suspicion.

(1) The plaintiff asserts that the representative could not find the identity of the job offerer in the process of the transfer and takeover because of the recent change, but the plaintiff did not take any measures, even though the identity of the job offerer could be easily verified, as long as the plaintiff manages the site of this case.

(2) At the time when job offerers run job offer advertisements on the instant website, there was no procedure to verify job offerers like obtaining certification of personal mobile phone numbers under their names or requiring Afin-certified procedures.

③ Even after the instant disposition, job offer advertisements were posted on the job offerer’s identity such as “*****” and “shortest spring.” Thus, it is difficult to deem that the Plaintiff’s violation was due to minor negligence or error of the Plaintiff.

(4) Although the Plaintiff asserts that the content and degree of the violation are minor and thus it does not inflict any damage on job seekers, etc., the advertisements posted on the instant website by which the identity of the job offerer is unclear are mainly advertisements such as entertainment taverns, etc., and there is a possibility that the job offer advertisements of job offerers who believe that the identity of the job offerer is unclear may be changed to those of sexual traffic women, and thus, the content and degree of the violation cannot be deemed to be weak.

⑤ Since 2010, the Plaintiff asserted that since the first violation of the Employment Security Act while running the employment information service, the grounds for reduction applied to the company which engaged in the employment information service on an exemplary basis should be applied.

Article 42 [Attachment Table 2] of the Enforcement Rule of the Employment Security Act

1. General criteria:

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