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(영문) 춘천지방법원 2020.04.10 2018노1106
직업안정법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) The Defendant is the owner of a dump truck vehicle (hereinafter “Borrower”).

(1) As a substitute driver (hereinafter “Spanish engineer”)

(ii) only the introduction of 4 to 10 specific persons belonging to the group to the borrower, but did not search job seekers or job offerers or recruit job seekers. 2) It cannot be deemed that the employment relationship is established between the borrower, who is a job offerer, and the Spanish article, who is a job offerer, arranged by the Defendant.

3 Therefore, even if the defendant's business of introducing Spanish articles to the borrower without being registered, it does not violate the Employment Security Act.

On the contrary, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2. Determination

A. The defendant's assertion that he did not search for job seekers or job offerers or recruit job seekers is highly likely to cause side effects, such as safety and health risks of workers, degradation of working conditions, inflow of minors, exploitation of harmful occupation in public morals, damage to workers, violation of human rights, etc. (see, e.g., Constitutional Court en banc Decision 93Hun-Ba14, Oct. 31, 1996). Thus, in light of the purpose of legislation of the Employment Security Act, it is necessary to broad interpretation of the concept of job placement and job placement, and Article 4 subparagraph 2 of the former Employment Security Act (amended by Act No. 9795, Oct. 9, 200) provides that "the job offerer or job offerer's job offerer's job offerer's job offerer's job placement or job offerer's job offerer's job seeker's job placement contract is established upon application."

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