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(영문) 부산지방법원 서부지원 2019.07.11 2019고정495

고용보험법위반

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Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are those who retired from the Cvalescent and received unemployment benefits at the Busan Employment Center and the Busan Employment Center, respectively.

Anyone who is prohibited from receiving unemployment benefits by fraud or other improper means, and an eligible beneficiary shall report to the employment center, if he/she provides his/her labor during the period in which he/she intends to obtain unemployment recognition.

Nevertheless, the Defendants concealed the fact that they were registered with the Association in the name of another person and employed as nursing staff at the E Medical Foundation’s Fvalescent Hospital from May 1, 2018 to September 17, 2018, and denied unemployment benefits of 5,97,300 won in total for five times from May 1, 2018 to September 3, 2018, and Defendant B received unemployment benefits of 120 days in total for five times from May 1, 2018 to August 28, 2018, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a report of misconduct, written confirmation of each business owner, written confirmation of each working condition, etc., each withholding receipt, work table, and unemployment recognition

1. Relevant Article 116 (2) of the Employment Insurance Act for facts constituting an offense, and Article 116 (2) of the same Act for the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;