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(영문) 춘천지방법원 강릉지원 2014.11.05 2014고정328
직업안정법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to conduct domestic fee-charging job placement services shall register with the Mayor having jurisdiction over the location of the principal place of business.

From March 9, 2014 to March 18, 2014, the Defendant opened a Spanish engineer office with the trade name “D” in the East Sea from March 9, 2014 to March 18, 2014, and arranged E, etc. that reported the living information site as a Spanish engineer at the construction site, and received daily allowances of KRW 180,000 per person and received KRW 15,000 per person as an intermediary, and conducted fee-charging job placement services without registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant Article 47 of the Employment Security Act and Articles 47 subparagraph 1 and 19 (1) of the same Act and the selection of fines for criminal facts;

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

1. Claims by the Defendant under Article 334(1) of the Criminal Procedure Act and determination thereof

1. The defendant asserts that several articles in the name of the defendant have completed work and prepared an office by 15,000 won in order to discuss work and prepare a rest room, and thereafter, the defendant also explained such purport to Spanish articles, including E, and collected 15,000 won out of daily working expenses as office operating expenses, and did not receive such money as above.

2. Article 2-2 subparag. 2 of the Employment Security Act provides that "job placement services" means providing that "job placement services shall be concluded between job offerers and job seekers by searching for or recruiting job seekers or job offerers upon application for job offering or job seeking." subparagraph 4 provides that "free job placement services" means job placement services conducted without receiving any fee, membership fee, or any other money or valuables, and subparagraph 5 provides that "job placement services" means job placement services that are not free job placement services.

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