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(영문) 인천지방법원 2017.02.14 2017고정84
파견근로자보호등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B Co., Ltd. with 802 U.S. in Bupyeong-gu Incheon Metropolitan City, who has employed six full time and has operated a production contract business.

1. A person who intends to dispatch Defendant A workers shall obtain the permission of the Minister of Labor for employment under the conditions as prescribed by the Ordinance of the Ministry of Labor;

The Defendant dispatched six workers to E, a company located in Yeonsu-gu Incheon, from March 24, 2016 to July 25, 2016, as shown in the list of crimes attached hereto, without obtaining a worker dispatch business license.

2. Defendant B, a representative director of the Defendant, committed the same act as that set forth in paragraph (1) above with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. F's certificate;

1. Application of Acts and subordinate statutes concerning business registration certificates and entire registered matters;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 43 Subparag. 1 and Article 7(1) of the Act on the Protection, etc. of Dispatched Workers (a comprehensive selection of fines);

(b) Defendant B: the main sentence of Article 45, Article 43 subparag. 1, and Article 7 subparag. 1 of the Act on the Protection, etc. of Dispatched Workers ( comprehensively referred to as “Defendant B”);

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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