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(영문) 인천지방법원 2018.12.14 2018고정2504

고용보험법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who worked in B from January 1, 2017 to February 20, 2018, retires due to the expiration of the contract, and was unemployed from March 12, 2018 to July 9, 2018.

C is in fact responsible for all duties of employment and management of human resources as the director who manages the Seoul Gangnam-gu building after being entrusted by D Co., Ltd. from February 2018.

No one shall receive unemployment benefits, leave of absence for childcare, and leave benefits before and after childbirth by deceit or other unlawful means, and unemployment benefits may be paid where an insured worker who has left employment is in a state of unemployed status despite having the intent and ability to work.

Nevertheless, the Defendant concealed this fact and falsely applied for eligibility to the Employment Center of the Incheon North Korean Labor Agency of the North Korean Labor Agency on March 5, 2018, which obtained recognition of eligibility on five occasions, such as crime sight table, and received unemployment benefits of 5,692,760 won in total for 120 days.

C, on March 3, 2018, as a U.S. member of the building E, employed and arranged for the defendant to receive unemployment benefits at the request of the defendant, without reporting four insurance policies to enable the defendant to receive unemployment benefits. By allowing the defendant to deposit benefits with a passbook under the name of another person, the defendant would be able to receive illegal benefits such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Details of personal benefits, inquiries into personal history, and details of activities for reemployment;

1. The application of the bonus ledger (from March to July 2018), the inquiry about the details of deposit transactions (D Co., Ltd.), and the application of Acts and subordinate statutes related to financial transactions (A);

1. Article 116 (2) of the relevant Act concerning the facts constituting an offense, Article 116 of the Insurance Act concerning the selective employment of a punishment, and Article 30 of the Criminal Act;

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

1. The order of provisional payment;