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(영문) 대구지방법원 서부지원 2019.05.16 2018고정60
파견근로자보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who violates the Act on the Protection, etc. of Temporary Agency Workers shall not carry on the dispatch business of workers without obtaining the permission of the Minister of Employment and Labor pursuant to Acts and subordinate statutes, and shall not carry on the dispatch business of workers for direct production

Nevertheless, the defendant from March 13, 2017 to the same year.

4. By October, 100, between the two Koreas, the C Co., Ltd. places of business in Gyeongbuk-gun B, and the Minister of Employment and Labor, without the permission of the Minister of Employment and Labor, assigned the D, E, and F of Indonesian nationality to engage in the main work, which is direct production

2. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the defendant from March 13, 2017 to the same year.

4. From October, 4. During the business of dispatching workers, “G”, as described in the above 1-A, employed the D status of stay (E-10-2 (Seafarers), E status of stay [C-3-9 (General Tourism)] and F status of stay [E-9-4 (Fishing)] of Indonesia that did not have the status of stay to work in the Republic of Korea, while engaging in dispatched business as described in the above 1-A.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. An immigration offender's complaint-a copy of each written opinion, each notice of decision on examining the immigration offender, a copy of employment certificate, each of the accused foreigners' statements, a comprehensive records inquiry of immigration-related persons, a copy of business registration certificate, a subcontract agreement of an immigration offender, and other related documents;

1. Requests for cooperation in investigation ( inquiry as to whether permission for temporary agency business for workers is granted), and the application of replies to requests for cooperation in investigation;

1. Articles 43 subparag. 1, 5(5), and 7(1) of the former Act on the Protection, etc. of Temporary Agency Workers (amended by Act No. 16413, Apr. 30, 2019) on criminal facts (hereinafter referred to as “unauthorized worker dispatch business”), respectively.

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