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(영문) 춘천지방법원 강릉지원 2017.05.26 2017고단155
근로기준법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who served as the D Co., Ltd.’s construction site leader and the non-generation leader from November 20, 2014 to March 12, 2016, who takes charge of the duties of selecting a person to serve as an employee belonging to the said non-generation leader.

No person shall intervene in the employment of another person for profit or gain benefit as an intermediary, unless otherwise prescribed by any Act.

Nevertheless, from November 2014 to February 26, 2016, the Defendant introduced five workers, including E, to be employed by the employee of the D Co., Ltd. located in Gangwon-do, and received part of the wages paid by each employee from the said D Co., Ltd. as stated in the attached crime list (1) as 14,610,000, under the name of commission (hereinafter referred to as "hercined matter"), and received as 14,610,000 won from each employee, and participated in the employment of others for profit, and acquired profits as an intermediary.

2. Defendant B

A. The Defendant violated the Labor Standards Act is a person who was working as the team leader at the construction site of D Co., Ltd. from October 24, 2015 to January 25, 2016, and was in charge of the duties of selecting a person to work as a worker at the above temperature team.

No person shall intervene in the employment of another person for profit or gain benefit as an intermediary, unless otherwise prescribed by any Act.

Nevertheless, from January 25, 2015 to January 26, 2016, the Defendant introduced seven workers, including G, to work as a worker of the D Co., Ltd. in Gangwon-do, and received part of wages paid by each worker from the said D Co., Ltd., such as the attached list of crimes (2) as 11,640,640 won, under the name of commission (hereinafter referred to as 'processed matter'), and participated in the employment of others for profit, and acquired profits as an intermediary.

B. The Defendant is serving as the team leader at the construction site of D Co., Ltd., as described in Section 2. A of the above, and is employed by the victim H (25 years).

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