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(영문) 수원지방법원 안산지원 2016.09.09 2016고정898
파견근로자보호등에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A temporary agency business for workers shall be those deemed appropriate in consideration of the expertise, skills, experience, the nature of business, etc., except for the direct production process of the manufacturing business, and shall not be provided with services for temporary placement of workers, such as computers, management, finance, etc., in violation of such provision.

The Defendant, as the representative director of Ansan-si Group D, is a person who ordinarily employs 169 full-time workers and is engaged in the manufacturing business of Daod, transpers and similar semiconductors. As indicated in the attached Table 1, the Defendant is dispatched 82 persons from June 1, 2013 to August 31, 2014, who are dispatched from the above (state) global DNA DNA, who is an employee at the above (state) E factory, from June 1, 2013 to August 31, 2014, and is listed in the attached Table 2, as indicated in the attached Table 3, from February 19, 2014 to August 31, 2014, the dispatched company is dispatched 59 persons from the present system of (state) from around February 19, 2014 to August 31, 2014, and is dispatched to the worker (state) from around April 1, 2014.

34 workers are dispatched from the window, and 38 workers are dispatched from the dispatched company from April 1, 2014 to June 15, 2014, as stated in the list of crimes in Attached Table 4, from around 1, 2014 to from June 15, 2014, and are assigned from the main production process of the manufacturing industry, and the dispatched workers were provided with services in violation of this.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of statutes governing H’s written confirmation;

1. Article 43 subparagraph 1-2 of the Act on the Protection, etc. of Workers Eligible for the pertinent provision of the Act on Criminal Facts and Article 43 subparagraph 1-2 of the Act on the Protection, etc. of Workers Eligible for the Selection of the Sentence stipulated in the above Act as "Article 43 subparagraph 1 of the Act," but this appears to be a clerical error in Article 43 subparagraph 1-2 of the above Act.

Article 5 Paragraph 5 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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