Text
Defendants shall be punished by a fine of two million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
Defendant
A is the actual management owner of B in Busan Jin-gu C and 301, who is a full-time worker with 50 full-time workers, and Defendant B is a corporation as a business owner.
1. A person who intends to engage in the business of dispatching workers A shall obtain the approval of the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor;
Nevertheless, the defendant A dispatched 25 employees such as D, etc. in the attached Form No. 25 to Sejong-gu, Busan-gu, 295 (Seoul-do, Seocho-dong) to Samnam-si, Inc. without obtaining the worker dispatch business permission.
2. Defendant B, as the actual management owner, did not perform the duty of due care and supervision over the pertinent business in order to prevent the act of violation as described in the preceding paragraph of Defendant A, which was committed by Defendant B as the actual management owner.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of each labor contract;
1. Application of Acts and subordinate statutes of written confirmation;
1. Article 43 Subparag. 1 and Article 7(1) of the Act on the Protection, etc. of Dispatched Workers; Defendant B who choose a fine: Articles 45 and 43 Subparag. 1 and 7(1) of the Act on the Protection, etc. of Dispatched Workers;
1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;