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

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

Punishment of the crime

The defendant is the E representative director of the company E, a corporation with Dtel 505 in Gangnam-gu Seoul Metropolitan Government, who ordinarily employs 70 workers and operates other contracting business.

Any person who intends to conduct a dispatched business of workers shall obtain a permit of employment from the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor.

Nevertheless, during the period from January 1, 2016 to November 15, 2016, the Defendant sent five persons, such as F, as described in the list of crimes in the attached Table, to H, an agricultural company located in Chungcheong Budget-gun G.

The employee dispatch business was conducted without obtaining the employment permit from the Minister of Labor, while allowing the employee to engage in the raw materials lower-class and input, fork driving, and packing.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Contract for work;

1. Part (F) of the worker questionnaire and worker questionnaire (I);

1. Application of Acts and subordinate statutes to reports on the results of labor supervision, E contracts, inspection table of the status of in-house subcontracting operations, and results of verification supervision;

1. Article 43 of the relevant Act and Articles 43 subparagraph 1 and 7 (1) of the Act on the Protection, etc. of Workers Eligible for elective Payment of Punishment for Criminal Facts (generally, selection of fines);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the circumstances such as the fact that E had a practical right to direct and supervise workers employed by E, the reason why E, a stock company, had its employees carry out the work for H, constitutes a contract that is not dispatched workers.

2. Determination

(a) Article 2 Subparag. 1 of the Act on the Protection, etc. of Workers provides that a temporary work agency shall employ workers and have them engage in work for a user company under the direction and order of the user company according to the terms of the contract on temporary placement, while maintaining the employment relationship;