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(영문) 대구지방법원 2017.08.18 2016노5771
직업안정법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the labor contract entered into between Defendant Company B (hereinafter “Defendant Company”) and workers (hereinafter “instant labor contract”) is a non-fixed term labor contract; and (b) there is an express agreement with the parties on the agreement; (c) thus, the parties’ intent is consistent and there is a false job offer condition on the “G” advertisement posted on the Worknet (hereinafter “instant job offer advertisement”).

subsection (b) of this section.

Even if the above job offering condition is false, Defendant A did not have been involved in the above job offering advertisement.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the corporation established and operated labor supply business for the purpose of dispatching workers in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant A is the person who is in charge of all the tasks of evaluating and managing the employees while working as personnel at the Daegu branch of the said company located in the Daegu Seo-gu Seoul Metropolitan Government F.

A person who conducts a job placement business, recruitment of workers, or labor supply business, or a person who is engaged in such business, shall not place a false job offer advertisement or suggest false job offer conditions.

Defendant

A around November 13, 2015, at the Daegu Branch Office of the foregoing company, concluded a labor contract for a fixed period of time, such as entering into an employment contract on a yearly basis, and entered into an employment contract in the Internet website “G” as the title of “G” and entered the term “employment form” in the “employment form.”

As a result, Defendant A presented false job offer conditions in job offer advertisements.

Defendant

B The defendant A, who is his employee, is the defendant B's business at the above date and place.

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