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(영문) 인천지방법원 2012.11.16 2012노2226
직업안정법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not introduce a job to D on the condition that he is employed as a full-time employee of the E company, but rather received money from D in return for the employment of D in G to manage the business of the E company with the employment of D from which the defendant belongs, but the defendant was found guilty on the ground that D was offered job placement to the E company without registering it with the competent authority. The judgment of the court below is erroneous in the misapprehension of the fact that the judgment affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (a fine of KRW 700,000) against the Defendant is too unreasonable.

2. Determination

A. 1) The summary of the facts charged is without being registered with the head of the competent Gu. The defendant alleged that his act does not constitute a job placement service. The defendant in the judgment of the court below asserted that "job placement" as provided in the Employment Security Act is not a job placement service, and the defendant's act is not a job seeker or job offerer, or job offerer and job seeker are recruited to recruit job offerers and job seekers by searching for or searching for job offerers or job seekers in the daily information area around February 201, Incheon Gyeyang-gu, for job delivery service, which is employed as a full-time employee who receives monthly pay 2.3 million won from E, and then conducts free-time job placement service in the manner that he receives job placement service from D as a job placement service fee. The defendant's act of providing job offerers and job offerers with job placement service without any help to establish a job placement service contract. Thus, the defendant's act of offering job placement service in the employment relationship between E and job offerers without any job placement service.

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