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(영문) 대구지방법원 서부지원 2017.11.10 2017고정497
파견근로자보호등에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the actual manager of Company B in Daegu-gu, Daegu-gu, who is an employer who works for the dispatch of workers with ten full-time workers, and Defendant B is the business owner who is a corporation established for the purpose of other contracting services, etc. using ten full-time workers in Daegu-gu, Daegu-gu.

1. The business dispatching workers shall target the business prescribed by the Presidential Decree, excluding the business of direct production process in the manufacturing industry, which is deemed appropriate by taking into account the professional knowledge, skills, experience, the nature of business, etc.: Provided, That the business shall not conduct the business dispatching workers to direct production process of the manufacturing industry except where a vacancy occurs due to childbirth, injury, etc., or where it is necessary to secure human resources temporarily

Nevertheless, the Defendants employed 10 employees, such as D, from July 9, 2014 to July 19, 2016, and dispatched 10 employees to F Co., Ltd. in Daegu-gun E to engage in the manufacturing process of automobile parts, so that the Defendants are not dispatched workers but dispatched workers directly to the manufacturing industry rather than dispatched workers.

2. A person who desires to engage in the dispatched business of workers shall obtain the approval of the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor; and

Nevertheless, from July 9, 2014 to July 19, 2016, the Defendants employed 10 workers, such as D, as shown in the list of crimes in the attached Table, and dispatched them to F Co., Ltd. in Daegu-gun E to have them engage in the manufacturing process of automobile parts, and did not obtain employment permission from the Minister of Labor.

Summary of Evidence

1. The defendant A's partial statement

1. G and H.

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