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(영문) 인천지방법원 2017.01.13 2016고정3379
파견근로자보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant, as the C representative director in Yeonsu-gu Incheon Metropolitan City, is an employer who employs five full-time workers and operates a dispatched business.

The direct production process work of the manufacturing industry may be dispatched workers only when there is a vacancy due to childbirth, disease, injury, etc. or when it is necessary to secure human resources temporarily and intermittently.

Nevertheless, from January 28, 2015 to March 30, 2015, the Defendant dispatched 8 workers, such as F, etc., as shown in the List of Offenses (C) to the direct manufacturing process of the mobile phone parts manufacturing business entity E, which is located in Nam-gu Incheon Metropolitan City, even though there is no reason to secure human resources temporarily and intermittently at the above workplace, from January 28 to March 30, 2015.

Accordingly, the defendant dispatched workers to the direct production process of the manufacturing industry and operated the dispatch business of workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G (representative of the dispatched enterprise);

1. Application of statutes on the current status of dispatched workers (from January to December 2015);

1. Article 43 of the Act on the Protection, etc. of Workers Eligible for Voluntary Dispatching of Punishment and Articles 43 (1), 5 (5) and 5 (1) (generally, selection of fines) concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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