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(영문) 서울중앙지방법원 2017.12.14 2017고단2104
조세범처벌법위반등
Text

Defendant

A and C shall be punished by each fine of KRW 3,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

"2017 Highest 4129"

1. Defendant A is the representative director of Seocho-gu Seoul Metropolitan Government C, who is engaged in construction business with 1,429 full-time workers.

A person who intends to engage in the dispatched business of 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 the permission of the Minister of Labor, dispatched 30 workers to the Company I, a company located in Seoul H from January 1, 2015 to August 31, 2016, as well as dispatching 30 workers to the Company I, as shown in the attached dispatch work details.

2. The Defendant C, as stated in paragraph (1) at the time and place, was dispatched to the Defendant’s representative director, without permission, in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. Each police statement made to J, K, L, M, N, orO;

1. A report on investigation (acquisition, etc. of data);

1. Reporting the results of special supervision, such as an official document related to I employment, a list of employees directly, a list of employees, a P resignation, a letter-fashing points, the current status of the number of cooperative employees, a work monthly work, an overtime work record, an overtime work record, an overtime work record in November 2015, a holiday prevention, a net report on the prevention of air lines, organization and emergency contact network, a holiday work, a list of atmosphere in the jurisdiction, a list of workers in the region, an employment and placement of an indefinite contract position, a status of the number of cooperative employees on June 2016, a report on the results of special supervision on the number of cooperative employees on January 2015, a list of employees (based on September 2016), a list of employees (based on the branch office), a work contract, and I, and an implementation of I employment order;

1. Application of each statute of the judgment;

1. Article 43 Subparag. 1 of the Act on the Protection, etc. of Dispatched Workers and Article 7(1) of the Act on the Protection, etc. of Workers C: Defendant C: Articles 45, 43 Subparag. 1 of the Act on the Protection, etc. of Dispatched Workers, and Articles 7(1)1 of the Act on the Protection, etc. of Workers;

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