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(영문) 제주지방법원 2017.01.18 2016고단2574
직업안정법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a paid job placement service in the name of “C” in Jeju City B.

Any person who intends to provide domestic fee-charging job placement services shall register with the head of a Special Self-Governing Province branch office, Si/Gun/Gu having jurisdiction over the location of the main office.

Nevertheless, from July 1, 2015 to June 1, 2016, the Defendant, without registering a fee job placement service with the competent authorities in Jeju-si B, operated a fee job placement service, such as arranging workers with an average of 5 to 6 hours per day to work at dry field or a construction site of Jeju-si, and receiving 10,000 won per day in return.

Summary of Evidence

1. Statement by the defendant in court;

1. On June 16, 2016, the current status of registration of employment brokerage business free of charge in the Republic of Korea, C name cards, and requests for provision of communications data and replies;

1. A report on investigation (Recognition of C unemployment) and a report on investigation (a report on suspect D currency);

1. Application of the current status of suspected job placement offices and statutes governing field photographs;

1. Article 47 subparagraph 1 of the relevant Act and Articles 47 and 19 (1) of the Act on the Stabilization of Employment and Stability of Punishment for Criminal Facts; Selection of fines;

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

1. A favorable condition for sentencing under Article 334(1) of the Criminal Procedure Act with the consideration of the following circumstances: Recognizing and reflecting the facts of the crime as ordered: A normal condition unfavorable to the fact that there is no record of criminal punishment for the same kind of crime: A prolonged period of business; the fact that the crime is committed during the repeated crime period due to a different species of crime; the degree of criminal proceeds, the age of the defendant, the sex behavior, the environment, etc.;

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