All the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

(b).

1. The summary of the grounds for appeal is improper because each of the punishments (one year of imprisonment in case of Defendant A and two years of suspended sentence in case of Defendant B: one year of suspended sentence in case of imprisonment in case of Defendant A) against the Defendants in the judgment below is too unreasonable.

2. Ex officio determination

A. According to Articles 171 and 110 of the former Seafarers Act (amended by Act No. 1300, Jan. 6, 2015; hereinafter the same), prior to the determination of the Defendants’ grounds for appeal, the Defendants are prohibited from providing job placement services to seafarers other than job offering registration agencies, seafarer management business operators under Article 112(3), organizations or institutions related to maritime affairs and fisheries prescribed by Ordinance of the Ministry of Oceans and Fisheries (hereinafter referred to as “job offering registration agencies, etc.”), and those who provide job placement services to seafarers in violation of such provisions shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won.

Meanwhile, according to Article 47 subparagraph 1 and Article 19 (1) of the Employment Security Act, a person who intends to conduct domestic fee-charging job placement services shall register with the Special Self-Governing Province Governor and the head of the Si/Gun/Gu having jurisdiction over the location of the principal place of business, and a person who conducts fee-charging job placement services without registration shall be punished by imprisonment for not more than five

B. Reviewing the applicable statutes, the former Seafarers’ Act is an Act enacted separate from the Act on General Workers, including the Labor Standards Act and the Employment Security Act, to maintain order in a ship, to guarantee and improve the basic life of seafarers, and to improve the qualities of seafarers, taking into account the special nature of maritime labor.

Therefore, in light of the legislative intent of the former Seafarers' Act and all other circumstances such as the type and content of the pertinent provisions, the former Seafarers' Act preferentially applies to job placement, etc. of seafarers subject to the former Seafarers' Act, and the former Seafarers' Act does not go against the nature of the seafarer's labor relationship, unless it is contrary to the nature of the seafarer's labor relationship.