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(영문) 서울중앙지방법원 2014.08.12 2013고정4044
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, from around 1993 to March 1, 2008, worked in F Co., Ltd. (hereinafter “F”) located in Seocho-gu Seoul (hereinafter “F”) and was elected as the head of the above G branch from around January 2008, when entering the 10th chapter of the 10th chapter branch of the Korea Teachers’ Federation Federation of the Korean Workers’ Federation of the Korean Workers’ Federation of the Korea Teachers’ Federation G branch.

From around 1997 to March 1, 2008, the Defendant served as a trade union executive officer such as the chief of the above branch office and the head of the above branch office from March 1, 2008, and was in the position of exercising de facto influence over F’s employment of drivers by soliciting H and I, a person in charge of F’s employment of drivers.

On February 13, 2008, the Defendant received 100,000 won in total 50,000 won of the cashier’s checks issued by the Defendant upon the K’s request by the J which wishes to be employed in the above F at this time in the express bus parked in the above E E 1st, and upon the request of the J that “I wish to be employed in the F at this time.”

Accordingly, the defendant was involved in the employment of others for profit.

2. Article 9 of the Labor Standards Act provides that "no person shall intervene in the employment of another person for profit or gain profits as an intermediary, unless otherwise prescribed by the Act." The prohibited act of this provision is "the intervention in the employment of another person for profit," and "the intervention in the employment of another person for profit," and "the intervention in the employment of another person for profit," refers to the act that affects the establishment or renewal of labor relations, such as the introduction and mediation of the employment of a third person for profit, and the act of "the acquisition of profits as an intermediary" refers to the act that affects the establishment or renewal of labor relations, and the act of "the acquisition of profits as an intermediary" is, during the existence

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