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(영문) 인천지방법원 2017.03.31 2017고단704
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 25, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on October 6, 2014.

[2] The Defendant is a person who works as a production employee of C Co., Ltd. (hereinafter “C”) from around 1981 to around 2014, and served as a representative of D, one of the labor union members of the Korean Democratic Trade Union M&C branch (hereinafter “D branch”).

The Defendant: (a) employs a production worker (regular workers) on an average once a year basis through document screening, personal examination, interview, and physical examination from among the workers who have worked for at least one year in the primary cooperation (contract) company; (b) using the fact that in the process, competition among the employment applicants is strong among the employment applicants and that C’s executive officers and employees in charge of employment management may exercise a large influence on the recommendation method, and (c) using access to the employment applicants, the Defendant would encourage the employment applicants to obtain the recommendation of the labor union executive officer.

At the same time, money was received under the pretext of employment compensation.

The defendant worked for the defendant on May 2013.

C Working for “G Co., Ltd.”, a primary partner company of C from F, a person who applies for membership in the press plant located in Bupyeong Factory E,

E was requested to be employed as a full-time worker in C, and was employed as the chief of the Nowon-gu Seoul Branch Office around that time.

H by exercising influence on the person in charge of C personnel management by receiving the recommendation of the managing body of the Trade Union and Labor Relations Adjustment, and upon request, E was employed as a full-time worker of C. In June 28, 2013, E was employed as a full-time worker of C.

On July 2013, the Defendant, within the elevator of a building with a “D” office located adjacent to the south of the Bupyeong Factory C, was employed by F as a full-time E from F to C.

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