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(영문) 대구지방법원 김천지원 2017.07.04 2017고정242
파견근로자보호등에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in the business of dispatching workers shall obtain the permission of the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor.

Nevertheless, the Defendant, without obtaining a permit from the Minister of Labor to dispatch workers, dispatched workers D and E to the “C” located in the Gu and Si from October 20, 2015 to November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report the number of attendance materials;

1. Article 43 of the Act on the Protection, etc. of Workers Eligible for Voluntary Dispatching of Criminal Facts and Articles 43 subparagraph 1 and 7 (1) of the Act on the Protection, etc. of Workers, and Selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the defendant, the defendant has no record of criminal punishment for the same kind of crime, and the defendant's age, sex, family relationship, and circumstances after the crime are considered as a whole, including the type, size, and period of dispatch of the case, and the defendant's age, sex, family relationship, and other conditions of sentencing as ordered.

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