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(영문) 수원지방법원 2019.07.04 2019고정383
외국인근로자의고용등에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the "C" in the first floor of the building underground in Suwon-gu, Suwon-si.

A place of business that uses foreign workers shall, in preparation for the payment of retirement allowances and delayed payment of wages, be obligated to subscribe to the departure guaranty insurance for foreign workers within 15 days from the date of entry into force of the labor contract.

Nevertheless, even though the Defendant entered into a standard employment contract with foreign workers D(40 years of age, South) and E(33 years of age, women) on February 24, 2018, the Defendant did not buy the said insurance within 15 days from February 24, 2018, which is the date when the employment contract takes effect.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of standard employment contract, certificate of employment change for foreign workers, and statutes;

1. Subparagraph 1 of Article 30 and Article 13 (1) of the Act on the Employment, etc. of Foreign Workers for a crime;

1. The sentence shall be suspended, taking into account the following circumstances: (a) the reason for sentencing under Article 59(1) of the Criminal Act (a) of the suspended sentence (a punishment: a fine of KRW 300,000, and a fine of KRW 50,000 converted into one day): (b) the Defendant prepared a standard contract while employing a foreign worker and reported it to the Ministry of Employment and Labor; (c) the Defendant appears to have not subscribed to the insurance for departure guaranty period; (d) the fact that it appears to have not been actually covered by the insurance for departure guaranty period; (e) the circumstances of the opening

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