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(영문) 인천지방법원 2012.07.13 2012고정229
직업안정법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, without being registered with the head of the competent Gu, placed an advertisement " recruitment of cargo delivery articles (direct management of the main office) for one ton or multi-use borrower's small cargo delivery articles" in the daily information book, and, around February 201, in Gyeyang-gu Incheon Metropolitan City, introduced a cargo delivery service provider employed as a regular employee who received monthly salary 2.3 million won from the E-based company and received two million won, which is 8.5% of the monthly salary from D.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Partial statement of the police statement against the defendant;

1. Application of Acts and subordinate statutes to a report on investigation (report on DNA currency), confirmation of facts, such as telephone, etc. (D);

1. Article 47 subparagraph 1 of the Employment Security Act and Article 19 (1) of the same Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant's act does not constitute job placement services, and even if it is not so, the defendant does not have any responsibility for his act because he had knowledge that he should register to conduct job placement services.

2. Determination

A. Article 2-2 subparagraph 2 of the Employment Security Act provides that "job placement" means searching job seekers or job offerers or recruiting job seekers upon application for job offering or job seeking, and arranging employment contracts between job offerers and job seekers to be concluded.

In light of the records, the cargo delivery service provider of E, who is an occupation introduced by the defendant to D, is a worker who provides labor in a subordinate relationship to E for the purpose of wages, such as receiving a fixed monthly salary without registering the business.

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