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(영문) 서울중앙지방법원 2017.11.17 2017노2497
파견근로자보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. The circumstances, such as the fact that the Defendant first recognized the instant crime as a principal offender and reflects all the instant crime, and that the unpaid wages due to the violation of the Labor Standards Act (the point of arrears with money and valuables) have been fully repaid in small amounts, are favorable to the Defendant.

However, the defendant's act of having the dispatched workers work in substantially under the form of an entrustment contract for the type of business not subject to the dispatch of workers is a deviation from the Act on the Protection, etc. of Dispatched Workers for the purpose of protecting the dispatched workers, such as employment stability and promotion of welfare of the dispatched workers, and the crime liability is not mitigated. The defendant and the employer are subject to criminal punishment of the defendant, etc. because the internal guidelines for the performance of the work of the dispatched workers are not binding externally. Since the internal guidelines for the performance of the work of the labor supervisor are nothing more than the guidelines without external binding force, it cannot be deemed that it is unfair that the defendant and the employer of the dispatched workers take criminal measures instead of corrective measures, warning, etc. against the defendant and the employer of the dispatched workers. Unlike the above, it is difficult to view that the defendant's age, sex, environment, health conditions, family relations, motive and consequence of the crime, etc. are beyond the discretion of the court below, and thus, it is difficult to see that the defendant's punishment is too excessive.

Therefore, the defendant's assertion is not accepted.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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