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(영문) 광주지방법원 목포지원 2018.02.23 2017고정263
직업안정법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates C, a marine cleaning business.

Any person who intends to provide domestic fee-charging job placement services shall register with the head of a Special Self-Governing Province having jurisdiction over the location of the principal place of business.

Nevertheless, on August 24, 2016, the Defendant did not register a paid job placement business, and received 70,000 won from the job offerer H under the pretext of the job offerer’s recommendation for the establishment of employment contract to the job offerer G-owner H in the E coffee shop located in D at the time of over the south Sinpo-si on August 24, 2016.

Accordingly, the defendant did not register with the competent authorities and provided a fee job placement service.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H in each part;

1. Statement made by the police with H;

1. Application of statutes on a copy of employment contract;

1. Article 47 of the relevant Act and Articles 47 subparagraph 1 and 19 (1) of the Act on the Stabilization of Employment Eligible for the Punishment of Specific Crimes (Selection of Penalty)

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant is merely informing H of the location of F and makes F and H divide conversationss between F and H, and there is no job placement, and 70,000 won received from the defendant is also a substitute for job placement.

2. "Vocational placement" in Article 2-2 subparagraph 2 of the Act on the Employment Stabilization of Employment means searching job seekers or job seekers or recruiting job seekers upon request of job offers or job seekers so that employment contracts can be concluded between the job offerer and the job seeker. "Free job placement service" in subparagraph 4 means a job placement service without receiving any commission, membership fee, or any other money or valuables, and "paid job placement service" in subparagraph 5 means a job placement service that is not a free job placement service, but a fee or membership fee.

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