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(영문) 인천지방법원 2016.06.17 2016고정1089
파견근로자보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who employs 50 full-time workers as a real manager of the company C, which is located in the Nam-gu Incheon Metropolitan City B or 301, and is a dispatched worker.

The direct production process work of the manufacturing industry may be conducted 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, the Defendant dispatched four workers, such as D, during the period from September 11, 2014 to August 31, 2015, even if there is no reason for the Defendant to take delivery, disease, injury, etc., or to temporarily or intermittently secure human resources, in the direct production process of the manufacturing process of Ko tex Co., Ltd. (24-gil 26-gil, Yeonsu-gu, Incheon) and Ko Mek-kn (124-dong, Nam-dong, Incheon) Co., Ltd. (124-dong, Nam-dong, Incheon).

Summary of Evidence

1. Statement by the defendant in court;

1. Contract for the dispatch of workers (Co-cares, C), worker dispatch contract (Tex, C);

1. List of dispatched workers (No. 45 pages of investigation records, No. 2);

1. The application of the Act and subordinate statutes of the inspection table for supervision of work of employed enterprises (No. 62 pages of investigation records);

1. Article 43 Subparag. 1 of the Act on the Protection, etc. of Workers Eligible for the relevant provision of the Act and Article 43 Subparag. 1, Article 5(5) and (1) of the Act on the Protection, etc. of Workers Eligible for the Appointment of Criminal Proceeds

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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