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(영문) 대전지방법원 2017.11.24 2017고정1227

고용보험법위반

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

Anyone is unable to receive unemployment benefits by fraud or other improper means, and in order to receive unemployment benefits, the number of working days during one month prior to the date of applying for recognition of eligibility for benefits shall be less than ten days.

Notwithstanding the fact that the Defendant was not entitled to receive unemployment benefits by working for at least ten days for one month, he/she retired from employment at the construction site B around December 17, 2014.

On January 27, 2015, applying for recognition of the supply and demand of unemployment benefits to the Daejeon Regional Labor Agency. On February 10, 2015, applying for recognition of the supply and demand of unemployment benefits amounting to KRW 320,000 on March 10, 2015, KRW 1,120,000 on March 10, 2015, KRW 7.1,120,000 on April 7, 2015, and KRW 1,160,000 on May 6, 2015, and KRW 4,80,000 on five occasions, including KRW 120 on June 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to inquire about the details of individual unemployment benefits;

1. Application of statutes on qualification for employment insurance;

1. Article 116 (2) of the relevant Act and Article 116 of the Employment Insurance Act (Selection of Penalty) concerning facts constituting a crime;

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. Article 70(1) and Article 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;