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(영문) 서울중앙지방법원 2018.06.21 2018고단2556
근로기준법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

All Facts

1. The Defendant was in office as the chairperson of the outer group of C Party Election Committee (D) around 2010, and was in office as the vice-chairperson of C Party Party in around 2012. Around around 2012, the Defendant was in office as the external organization of E member in relation to the election of the 19th National Assembly Members (hereinafter “F”).

2. G is planned to employ students under the name of supply and demand of human resources due to the extension of casino. G is planned to employ students on November 16, 2012 through December 25, 2012, the document screening process from December 11 to 20, 2012, the document screening process on December 27, 2012, the job ability test (personality test) between January 7, 2013 and October 11, 2013, and the interview between January 320 and January 320 on January 31, 2013 (hereinafter referred to as “first student”), and the screening process on March 25, 2013 to April 29, 2013 (hereinafter referred to as “the first screening process”). The students were selected on March 30, 2013 to April 31, 2013 (the second screening process”).

Criminal facts

A person who violates the Labor Standards Act shall not intervene in the employment of another person for profit or gain profits as an intermediary unless otherwise provided by the Act.

Nevertheless, when the Defendant came to know that large-scale students were employed from G around November 2012, the Defendant intended to receive money and valuables equivalent to KRW 20 million per person for a closed mine area, and KRW 30 million per person for a non-closed mine area, in return for soliciting the employment of G members from those with children wishing to be employed in G by using a pro-friendly relationship with the National Assembly member E located in the region where G H is located.

1. On March 2013, 2013, the Defendant received KRW 25 million from L to L via J, K, and K, which is in friendship with his wife on March 2013, requesting L to help I find out his G employment, and the consent was obtained. On March 26, 2013, the Defendant requested L to request L to grant KRW 30 million in return for his employment. On March 26, 2013, L from L to “N” in the J Operation “N” store located in Thai-si, Thai-si.

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