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(영문) 광주지방법원 2017.09.13 2016노4541
직업안정법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal provided a person who desires to work in a salt farm, etc. with food and drink, and provided a person who wants to work in a salt farm, etc. with a job placement service and received the price including the job placement service and food and accommodation service in return, the defendant operated a job placement service;

Although it is reasonable to view the facts charged of this case as not guilty, the judgment of the court below which judged that the facts charged of this case were not guilty is erroneous and adversely affected by the judgment

2. Determination

A. The summary of the facts charged in the instant case is a person who operates a restaurant, which is a general restaurant.

Any person who intends to provide domestic fee-charging job placement services shall register with a branch office of a Special Self-Governing Province having jurisdiction over the location of the principal place of business.

Nevertheless, on July 29, 2015, the Defendant did not register a fee job placement service for the viewing of Posting, and introduced E operators F from E office located in Maspo-si on July 29, 2015 to arrange for the establishment of employment contract by introducing job seeker G. On the pretext, job seeker G received 320,000 won for food and accommodation expenses to be paid to the Defendant.

B. The lower court rendered a judgment on the following grounds that the instant facts charged constitute a case where there is no proof of crime, and thus, rendered a judgment not guilty of the Defendant under the latter part of Article 325 of the Criminal Procedure Act.

2) According to the evidence adopted and examined by this Court, the Defendant operated the H salt farm through the president upon the request of G upon examining the jobs at the time of the instant case.

G was introduced to I, along with G, referred to the purport that “I would be able to grow well and well salted,” and that I would have concluded an employment contract with G by setting the monthly salary of KRW 1.3 million. In light of this, I would have concluded an employment contract with G.

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