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(영문) 창원지방법원 2018.11.01 2018고정235
근로기준법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is a person who worked as the head of the Trade Union and Finance Co., Ltd., from around 2006 to April 2015, and the Defendant, from July 2012, has exercised the right to recommend the recruitment of bus drivers to the company as a person who works as the head of the D Trade Union and Finance Co., Ltd. from around July 2012, and the D Trade Union and Finance Co., Ltd has actively employed bus drivers recommended by the head of Trade Union and Finance Branch in order

No person shall intervene in the employment of another person for profit or gain benefit as an intermediary, unless otherwise prescribed by any Act.

On May 7, 2013, E asked B to be employed as a bus driver, and B introduced the defendant to E, and the defendant was employed in a bus driver's office around June 2013 at a non-permanent location of E and E, in response to E's request for employment, after receiving the curriculum of E, issued to the head of the general department in charge of the Dispute Resolution, and upon request for employment of E, E was employed as a bus driver in the D Co., Ltd. on or around April 7, 2014.

Accordingly, E transferred KRW 2 million to the F bank account of B two times in terms of the consideration for employment solicitation, and the Defendant received KRW 1 million from G restaurant located in Kimhae-si on April 22, 2014, and from B in terms of the consideration for employment solicitation of E.

As a result, the defendant acquired property in exchange for illegal solicitation in relation to the duties of the Trade Union and Labor Relations Branch, while participating in the employment of others for profit or acquiring profits as an intermediary.

2. According to the evidence duly adopted and examined by this court, the defendant received a request from E and B to recommend him to be employed as a person eligible for employment, as stated in the above facts charged, and delivered the resume of E to the head of D general affairs division upon receipt of a request from the defendant. The defendant was employed as a bus driver in D around April 7, 2014 and then transferred KRW 2 million to the account from E two times, and delivered KRW 1 million among them to the defendant at G restaurant located in Kimhae-si around April 22, 2014.

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