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(영문) 부산지방법원 동부지원 2016.07.07 2016고정541
파견근로자보호등에관한법률위반
Text

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A As the representative director of Defendant B, Defendant B is a business owner who ordinarily employs 45 workers and carries on a service business (hinging business). Defendant B is a corporation established for the purpose of a modeling business.

1. A person who intends to dispatch Defendant A workers shall obtain the permission of the Minister of Labor for employment under the conditions as prescribed by the Ordinance of the Ministry of Labor;

Defendant

A, without obtaining a worker dispatch business license, had 13 workers, such as C, etc., dispatch them to the process of manufacturing tools for ship engine assembly in the (State) E located in Kimhae-si, as shown in the attached list of dispatched workers.

2. Defendant B, Defendant B, the representative director of the above company, committed the same act of violation as set forth in paragraph (1) above with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the results of supervision over each work (including attached data);

1. Application of the Acts and subordinate statutes reporting criminal place

1. Article 43 subparagraph 1 of Article 43 of the Act on the Protection, etc. of Dispatched Workers and Article 7 subparagraph 1 of the Act on the Protection, etc. of Workers A: Defendant B, a stock company, and Article 45 of the main sentence of Article 45 of the Act on the Protection, etc. of Dispatched Workers and Articles 43 subparagraph 1 and 7 (1) (including provisions) of the Act on the Protection, etc. of Workers;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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